29-09-2022-Redcliffe

• Charge 1 – s 533/535 – Fraud/Engaging in a calling
• Charge 2 – s 136 – Failure to notify of engagement in calling
• Charges 3-5 – s 534 – Stating false or misleading information

The worker engaged in the same type of work as his pre-injury employment whilst in receipt of compensation and whilst purporting an inability to return to work due to the work-related injury.

On 21 January 2020, the worker sustained a shoulder injury during his employment as a carpenter. The worker made a claim for compensation with the insurer on the same date. His claim was accepted, and compensation was paid from 28 January 2020.

On 24 April 2020, an anonymous caller advised that the worker was running their own carpentry business and was advertising for work on Gumtree and AirTasker.

Investigations revealed that between 17 March 2020 and 18 May 2020, the worker conducted work as a Carpenter/Handyperson under their own ABN which was advertised through Gumtree and AirTasker.

Further to this work, the worker also engaged in work as a Carpenter/Labourer for a period from on or about 25 February 2020 to 10 September 2020.

At no time during the claim did the worker disclose this work to the insurer.

The insurer questioned the worker on three separate occasions as to whether they had been working or receiving any income in addition to their weekly payments of compensation. On each of these occasions, the worker stated words to the effect that they had not returned to any type of work since sustaining the injury and that they had not received any income other than their workers’ compensation payments.

• Charge 1 – s 533/535 – Fraud: -15 months imprisonment, to serve 5 months in custody.
• Charge 2 – s 136 – Failure to notify of engagement in calling: -Convicted and not further punished.
• Charges 3-5 – s 534 – Stating false or misleading information: -9 months imprisonment, to serve 3 months in custody.

A worker must disclose any work undertaken during their claim and must not make any false or misleading statements about their capacity for work or employment status whilst in receipt of compensation.