29-11-2021 Townsville

Two complaints were filed by the Workers’ Compensation Regulator, one in the Brisbane Magistrates Court and the other in the Townsville Magistrates Court, comprised of the following charges:

Brisbane Complaint

Charge One – s 534(2) – Workers’ Compensation and Rehabilitation Act 2003 – Stating false or misleading information to a registered person

Townsville Complaint

Charge One – ss 533 and 535 – Workers’ Compensation and Rehabilitation Act 2003 – Fraud

Charge Two – s 136 – Workers’ Compensation and Rehabilitation Act 2003 – Failure of worker to notify of an engagement in a calling

Charge Three – s 534(2) – Workers’ Compensation and Rehabilitation Act 2003 – Stating false or misleading information to a registered person

Charge Four – s 534(2) – Workers’ Compensation and Rehabilitation Act 2003 – Stating false or misleading information to a registered person

Charge Five – s 534(2) – Workers’ Compensation and Rehabilitation Act 2003 – Stating false or misleading information to a registered person

Charge Six – s 534(2) – Workers’ Compensation and Rehabilitation Act 2003 – Stating false or misleading information to an insurer

Charge Seven – s 534(2) – Workers’ Compensation and Rehabilitation Act 2003 – Stating false or misleading information to a registered person

The worker was charged for failing to notify the insurer of their engagement in a calling as a crowd controller/security officer and for providing false or misleading information to the insurer and medical practitioners.

On 21 May 2019, the worker lodged an application for compensation in relation to an injury they sustained in the course of his employment as a security officer on 19 May 2019. The claim was accepted, and the worker was in receipt of compensation until 25 October 2020.

From on or about 17 February 2020 to 26 April 2020, the worker engaged in a calling by conducting paid work as a crowd controller/security officer. During that period, the worker performed shifts varying between 4 and 24 hours per week and earned a total of $4,429.89 in wages.

The worker did not inform the insurer of their engagement in a calling within 10 business days, as required under the Act.

On various occasions throughout their claim, the worker made the following false or misleading statements to the insurer and registered persons about his working status and capacity to work:

• On 10 March 2020, the worker told a general practitioner that they could not stand the idea of being off work again and was keen to get back. The worker had been engaged in a calling in the week prior and only two days after this consultation;
• On 21 March 2020, the worker told an Orthopaedic Surgeon that he was unable to work at present. The worker was engaged in a calling at the time they made that statement;
• On 8 April 2020, the worker told a psychologist that he was struggling with wanting to return to work even after his recent injury, that his employer had not contacted him or offered any shifts, and that he had no work since he got a clearance. The worker was engaged in a calling at the time they made that statement;
• On 6 May 2020, the worker was confronted by the insurer and advised that information had been received which indicated the worker had returned to work as a security officer. The worker responded stating that he had not been paid yet, that he was going to call when he get paid and knows the hourly rate, and that he only worked two 4-hour shifts;
• On 8 September 2020, the worker told an Occupational Physician that he had returned to work in late 2019, had been involved in an altercation resulting in a reinjury, and had been off work since. The worker did not disclose that they had been engaged in a calling from 17 February 2020 to 26 April 2020;
• On 9 December 2020, the worker told a Psychiatrist that he was no longer working in security and that he would love to return to security but cannot because of the pain. The worker did not inform the psychiatrist that he had engaged in a calling from 17 February 2020 to 26 April 2020.

As a result of his dishonesty, the worker received $20,745.72 in compensation out of the $152,424.07 he received in total for his claim.

12 months imprisonment wholly suspended for two years for the fraud charge.

7 months imprisonment wholly suspended for 2 years for stating false or misleading information charges.

Convicted but not further punished for the failing to notify an insurer of an engagement in a calling charge.

The terms of imprisonment were ordered to be served concurrently.

$20,745.72

The order was referred to SPER for enforcement.

A worker must disclose to an insurer if they return to working during the course of a claim and must be honest with insurers and medical and allied health practitioners.