3-07-2021-Brisbane
| Date | 30 July 2020 |
|---|---|
| Charges | 1 charge pursuant to Section 533 Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Attempted Fraud 2 charges pursuant to Section 534 WCRA – Providing false or misleading information or documents |
| Court | Brisbane Magistrates Court |
| Plea | Plea of Guilty |
| Case | The worker was charged with attempting to defraud the insurer by providing false or misleading information to the insurer regarding how his injury was sustained. |
| Facts | On 29 July 2018, the worker served a Notice of Claim for damages (NOC) on the insurer via their lawyers. The NOC claimed that the worker sustained an injury to their shoulder, in the course of their employment on 9 July 2015. The NOC indicated that the worker was first seen to by a medical practitioner on 10 July 2015. The NOC sought damages in the amount of $78,083.65. Records for the General Practitioner indicated that when the worker was seen on 10 July 2015, they did not mention the work-related injury. Records from the employer noted that the worker was not working on 9 July 2015 or at all in that pay period being 4 to 14 July 2015. |
| Penalty | 12 months imprisonment, wholly suspended for an operational period of 2 years on each of the fraud charge 9 months imprisonment, wholly suspended for an operational period of 2 years on each of the providing false or misleading information charges Terms to be served concurrently |
| Restitution | Nil |
| Costs | $5,883.00 |
| Common Law rights extinguished? | Yes |
| Conviction | Recorded |
| Consideration for Prevention | A worker should be truthful as to how they sustained an injury. |