4-02-2022 Caboolture

Charge 1 – Section 533 Workers’ Compensation and Rehabilitation Act 2003 (WCRA) – Fraud

The worker suffered a lower back injury when they slipped in the kitchen while employed as a Chef.

On 29 June 2020, the claim was accepted.

On 29 July 2020, the worker attended a consultation with a physiotherapist. During this, the worker presented with bracing and breathing changes and lots of pain reactions. The worker informed the physiotherapist that they wanted to go back to work and was considering resigning and withdrawing their claim due to the guilt about not being at work.

On 3 August 2020, a witness informed the insurer that the worker was working in a food truck.

Also on 3 August 2020, the worker attended a consultation with their general practitioner who certified them as totally incapacitated until 9 August 2020.

On 4 August 2020, the worker attended a consultation with their general practitioner and occupational therapist. During this, the worker presented with:

• a marked and significant limp;
• slow paced walk;
• difficulty manoeuvring in and out of chairs;
• not being able to drive to and from the appointment.

On 4, 5 and 6 August 2020, the worker was placed under surveillance which depicted the worker attended the appointment. They were seen presenting with the above listed restrictions in during the consultation and then moving freely after the appointment and driving themselves to work in a food truck.

Fined $4,000

A worker should be truthful about their injury and symptoms to their medical practitioners.