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31-07-2020 Coolangatta

Date 31 July 2020
Charges

1  charge pursuant to Section 533 Workers’  Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Attempted Fraud

1  charge pursuant to Section 534 WCRA – Providing false or misleading information  or documents

Court Coolangatta Magistrates Court
Plea Plea of Guilty
Case

The worker was charged with attempting to defraud  the insurer by providing false or misleading information about the location where  they sustained their injury.

Facts

On  23 April 2019, the worker lodged an application for compensation with the insurer  for an injury they sustained to their ankle on 13 April 2019. In this application,  the worker detailed how the accident happened as “I stepped off outside steps  and rolled my ankle both ways, it was dark at 4:00am there was a light on but still  hard to see at this time.”

On  the same date, the insurer sought clarification regarding the location where  the injury was sustained. The worker responded that they were leaving their  home address and that “I was leaving around 4am, I was heading to my car,  outside, there are steps outside of our home which lead down to my car, I tripped  down those steps & rolled my ankle both ways.”

The  insurer responded on 24 April 2019 requesting clarification of whether these  steps were at the front or back of the worker’s house and whether they were  within the boundary of their property. The worker responded that “the steps are  outside the front of the house” and sent a further email asking for their  compensation to be processed as soon as possible as their rent is due.

On  24 April 2019, the insurer rejected the worker’s claim as the injury occurred  in the boundary of their property. The worker responded stating “it actually  happened on outside steps which are located on the road where my car was parked”.

The  insurer conducted a Google Maps Street View search of the worker’s property  which did not locate any stairs near the road outside the property.

When  informed that an investigator would have to come out and inspect the stairs,  the worker withdrew their application for compensation.

Penalty

Fine of $800.00 in respect of both charges

Restitution$0.00
Costs$1,750.00
Common Law rights extinguished? Yes
ConvictionNot recorded
Consideration for PreventionA worker should be honest with the insurer regarding where an injury occurred.