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Workers' compensation prosecutions

Workers' compensation prosecutions

The Workers' Compensation Regulator is responsible for investigating and commencing proceedings for alleged offences against the Workers' Compensation and Rehabilitation Act 2003 (the Act). This function is delegated to the Office of Industrial Relations.

Workers' compensation insurers are required to give the Office of Industrial Relations the information in its possession which supports its reasonable belief that a person has committed an offence.

Offences against the Act can include (but are not limited to) fraud or attempted fraud, providing false or misleading statements or documents, obtaining or using a worker's compensation document for a purpose relating to the employment of a worker, failure to have written rehabilitation policies and procedures when required, dismissal of an injured worker due to injury within 12 months of injury, and impersonating an authorised person.

Investigation and proceedings can be commenced against any person including a worker/claimant, employer, service provider, or any other person or business.

Workers' compensation prosecutions

Below is a summary of workers' compensation prosecutions.

Hearing date	Magistrates court	Outcome	Case
22/10/2019	Townsville	Conviction recorded Penalty: The worker was sentenced to 18 months imprisonment, wholly suspended for an operational period of two years on the fraud charge and six months imprisonment, wholly suspended for an operational period of two years on each of the other charges. Terms to be served concurrently Restitution: $53,382.33	The worker was charged with defrauding the insurer by failing to disclose relevant pre-existing injuries and for providing false and misleading information to medical practitioners and insurer staff. The worker further attempted to defraud the insurer in failing to disclose same in his Notice of Claim for common law damages and making false and misleading statements to doctors assessing his permanent impairment.
18/10/2019	Brisbane	Conviction recorded Penalty: The worker was sentenced to 18 months imprisonment wholly suspended for two and a half years for the fraud and nine months imprisonment (to be served concurrently) for each of the attempted fraud and false or misleading charges, also wholly suspended for two and a half years. Restitution: $48,635.60	The worker claimed workers’ compensation for a right shoulder dislocation that they alleged occurred while moving a toolbox into a workshop. During the claim, the worker denied having sustained any previous similar injuries to the insurer and to various medical practitioners who treated and assessed them.
02/08/2019	Brisbane	Conviction recorded Penalty: The worker was sentenced to 4 months imprisonment, wholly suspended for an operational period of 18 months.	The worker was charged with attempting to defraud the insurer by exaggerating their injuries in a Notice of Claim for Damages and making false representations to the doctors assessing their permanent impairment.
10/05/2019	Brisbane	No conviction recorded Penalty:$1,000	The worker made an application for compensation with the insurer for an injury to their back which occurred in the course of their employment. The claim was accepted. During the claim, the insurer placed the worker under surveillance. The surveillance footage showed the worker performing activities that were inconsistent with the worker’s statements to the insurer and to various medical practitioners regarding their level of symptoms and functional incapacity.
15/03/2019	Gladstone	Conviction recorded Penalty: s533 - three months imprisonment wholly suspended for 12 months for charge one (fraud) s534 - one month wholly suspended for 12 months for each of charges three to six (false or misleading information) All terms to be served concurrently s136 - convicted but not further punished in relation to charge two (failing to notify the insurer of return to work) Restitution: $27,917.70	The worker was charged with engaging in a calling without notifying the workers’ compensation insurer.
01/03/2019	Brisbane	Conviction recorded Penalty: $5,000 fine Restitution: $3,818.70	The worker failed to notify the insurer that he had returned to work and made false statements to the effect that he was totally incapacitated.
12/02/2019	Townsville	No conviction recorded Penalty:$7,500	Employer using a workers’ compensation document for a purpose relating to the employment of a worker
04/02/2019	Brisbane	No conviction recorded Penalty: $3,500 fine Restitution: $4,553.98	The worker exaggerated his symptoms and functional incapacity in order to prolong his workers’ compensation claim.
18/01/2019	Brisbane	Conviction recorded Penalty: The worker was sentenced to 7 months imprisonment, on each offence of fraud and attempted fraud, and 3 months imprisonment on each of the remaining 9 charges. It was ordered that the whole term be suspended for an operational period of 2 years. Restitution: $16,528.40	The worker defrauded the insurer by failing to notify of their return to a calling and making false statements to the effect that the worker was not able to work. They further attempted to defraud the insurer by making false statements in relation to not having returned to work in their Notice of Claim for common law damages.
6/11/2018	Townsville	No conviction recorded Penalty: $8,000 Restitution: $15,992.89	The worker exaggerated his symptoms and functional incapacity in order to prolong his workers’ compensation claim.
17/08/2018	Brisbane	No conviction recorded Penalty: $1,500	For engaging in a calling without notifying the insurer.
20/07/2018	Brisbane	No conviction recorded Penalty: $1,500	The worker was charged for engaging in a calling while in receipt of workers’ compensation benefits without notifying the insurer.
30/07/2018	Brisbane	Conviction recorded on all charges Penalty: The worker was sentenced to 18 months imprisonment, wholly suspended for an operational period of three years for the fraud charge. Sentenced to 9 months imprisonment wholly suspended for an operational period of two years for the false or misleading charges. Restitution: $53,895.33	The worker was charged for failing to notify the insurer of an engagement in a calling and dishonestly providing false information to various doctors and the Workers’ Compensation Review Unit and gaining benefits to which the worker was not entitled.
02/07/2018	Brisbane	Conviction recorded Penalty: The worker was sentenced to 13 months imprisonment, wholly suspended for an operational period of two yearss. Restitution: $38,082.87	The worker was charged for dishonestly claiming workers’ compensation for an injury that was not work related.
13/03/2018	Townsville	Conviction recorded Penalty: Sentenced to 9 months imprisonment for the fraud charge, 1 month for the false and misleading charge and 6 months for the attempted fraud charge. The sentence was wholly suspended for a period of 2 years. Restitution: $6,520.30	The worker was charged for failing to notify the insurer of his engagement in a calling, and thereby gaining benefits to which he was not entitled.
12/02/2018	Brisbane	Conviction recorded Penalty: The worker was sentenced to 6 months imprisonment, wholly suspended for 2 years Restitution: $26,021.96	For fraud, failing to notify the insurer and providing false and misleading information to gain compensation for a non-work related injury.
22/01/2018	Brisbane	Conviction recorded Penalty: The worker was sentenced to 12 months imprisonment, wholly suspended for 18 months Restitution: $37,100.55	For fraud and providing false and misleading information to gain compensation for a non-work related injury.
03/11/2017	Beenleigh	No conviction recorded Penalty: $1,000	For fraud - exaggerating their injury in order to continue receiving compensation to which the worker was no longer entitled.
24/07/2017	Ipswich	No conviction recorded Penalty: 1,000	For providing false information to a workers’ compensation insurer in order to gain compensation for a non-work related injury.
12/07/2017	Southport	No conviction recorded Penalty: 3,780	For providing false and misleading information to an insurer
07/07/2017	Beenleigh	No conviction recorded Penalty: $800	The worker was charged for dishonestly describing the cause of his injury to a workers’ compensation insurer
04/07/2017	Brisbane	No conviction recorded Penalty: $800	For making a false claim for workers' compensation.
29/06/2017	Proserpine	Conviction recorded Penalty: Sentenced to 18 months wholly suspended for two years for fraud and six months concurrent for each of the false or misleading charges, also wholly suspended for two years. Restitution: $37,028.38	For exaggeration of symptoms
05/06/2017	Brisbane	Conviction recorded Penalty: $8,000.00. Restitution: $13,610.14	For returning to a calling and failing to advise the insurer of this work and exaggerating his symptoms to providers.
05/06/2017	Caboolture	Conviction recorded Penalty: $2,000.00. Restitution: $Nil	For failure to notify of return to work or engagement in a calling.
07/06/2017	Brisbane	Conviction recorded Penalty: 18 months whole suspended for an operational period of 3 years. Restitution: $98,818.87 (less $70,000.00 paid on the day, leaves balance $28,818.87)	For failing to disclose significant pre existing conditions.
05/05/2017	Brisbane	No conviction recorded Fine $1,500	For providing false and misleading information to an insurer.
04/05/2017	Maroochydore	Conviction recorded Restitution: $14,451.99	For returning to a calling and failing to advise the insurer of this work
21/04/2017	Brisbane	Conviction recorded Penalty: 12 months for the fraud charge and 4 months for each of the false and misleading charges to be wholly suspended for a period of three years Restitution: $Nil (attempt only)	For attempting to defraud insurer by failing to declare employment in the claim for damages
21/04/2017	Brisbane	No conviction recorded Fine $4,000 Restitution: $3,253.63	For attempting to defraud WorkCover
17/03/2017	Brisbane	Conviction recorded Fine $2,800	For providing false and misleading information or documents
14/02/2017	Southport	No conviction recorded Fine: $2,000.00 Restitution: $5,001.93	A worker should notify the insurer if they continue to work or return to work while in receipt of benefits.
20/01/2017	Brisbane	Conviction recorded Penalty: Charge 1 (Fraud): 6 months imprisonment for head sentence. Charges 2 to 4 (False or misleading information or documents): 3 months imprisonment on each count. To be served concurrently with parole release on 17 June 2017. (Worker was in breach of a separate suspended sentence which was activated in full) Restitution: $12,268.30	For providing false and misleading information to an insurer.
20/01/2017	Brisbane	No conviction recorded Fine: $6,000.00 Restitution: $9,956.25	For providing false and misleading information to an insurer.
19/12/2016	Brisbane	Conviction recorded Penalty: 15 months imprisonment (wholly suspended after serving 2 months in custody and 3 months each wholly suspended) Restitution: $223,006.26	For providing false and misleading information to an insurer.
12/12/2016	Brisbane	Conviction recorded Fine $2,000	For providing false and misleading information to WorkCover.
04/11/2016	Brisbane	Conviction not recorded Fine $4000	Engaging in a calling/Failure to notify of return to work
03/11/2016	Brisbane	No conviction recorded Fine: $3,100 Restitution: $3,719.26	For providing false and misleading information to WorkCover.
17/08/2016	Townsville	Conviction recorded Penalty: Charge 1 (Fraud) - 12 months imprisonment, Charges 2-6 (providing false or misleading information) - 4 months imprisonment for each charge. To be served concurrently with immediate parole. Restitution: $110,147.89	For providing false and misleading information to an insurer
15/07/2016	Brisbane	Conviction not recorded Fine $900	For attempting to defraud WorkCover.
13/05/2016	Brisbane	Conviction not recorded Fine $800	For attempting to defraud WorkCover.
22/06/2015	Beenleigh	Conviction recorded Penalty: 8 months imprisonment (wholly suspended for 2 years) Restitution: $18,436.23	Engaging in a calling/Failure to notify of return to work.
05/06/2015	Beenleigh	Conviction recorded Penalty: 9 months imprisonment (wholly suspended for 12 months) Restitution: $23,904.44	Engaging in a calling/Failure to notify of return to work.
22/05/2015	Maroochydore	Conviction recorded Penalty: 15 months imprisonment (wholly suspended for 2 years) Restitution: $67,486.13	Engaging in a calling/Failure to notify of return to work.
21/05/2015	Brisbane	No conviction recorded Fine: $3,000.00 Restitution: $6,885.91	Engaging in a calling/Failure to notify of return to work.
15/05/2015	Brisbane	Conviction recorded Penalty: 6 months imprisonment (wholly suspended for 12 months) Restitution: $19,208.94	Engaging in a calling/Failure to notify of return to work.
11/05/2015	Southport	Conviction recorded Fine: $4,000.00 Restitution: $11,198.18	Engaging in a calling/Failure to notify of return to work.
25/03/2015	Caboolture	Conviction recorded Penalty: 9 months imprisonment (wholly suspended for 18 months) Restitution: $30,846.78	Engaging in a calling/Failure to notify of return to work.
19/03/2015	Brisbane	No conviction recorded Fine: $2,500.00	Failure to notify of return to work.
22/01/2015 (1)	Holland Park	No conviction recorded Fine: $7,000.00 Restitution: $5,762.61	Exaggeration of symptoms and providing false information.
22/01/2015 (2)	Brisbane	No conviction recorded Fine: $3,000.00 Restitution: $3,792.35	Exaggeration of symptoms and providing false information.
18/12/2014	Cairns	Conviction recorded Fine: $6,000.00 Restitution: $7,450.60	Engaging in a calling/Failure to notify of return to work.
05/12/2014	Townsville	No conviction recorded Fine: $8,000.00 Restitution: $11,156.89	Exaggeration of symptoms and providing false information.
07/11/2014	Beenleigh	Conviction recorded Penalty: 6 months imprisonment (wholly suspended for 12 months) Restitution: $26,841.53	Engaging in a calling/Failure to notify of return to work.
21/05/2014	Gladstone	Conviction recorded Fine: $8,000.00 Restitution: $14,673.08	Engaging in a calling/Failure to notify of return to work.
27/02/2014	Mount Isa	Conviction recorded Fine: $8,000.00 Restitution: $9,024.59	Fraud and providing false information.
28/01/2014	Brisbane	Conviction recorded Partial term of imprisonment (one month) and suspended sentence (five months)	For attempting to defraud WorkCover.
13/12/2013	Cairns	Conviction recorded Suspended sentence	For attempting to defraud WorkCover.
28/11/2013	Caboolture	Conviction recorded Fine $1,000	For reporting a false injury to the employer and attempting to defraud WorkCover.
21/11/2013	Brisbane	Conviction not recorded Fine $4,000 Restitution $6,651	For returning to work and failing to notify WorkCover and providing false and misleading information, the worker was charged.
17/10/2013	Brisbane	No Conviction recorded Fine $3,000 Restitution $26,653	For returning to work and failing to notify WorkCover.
01/10/2013	Southport	No Conviction recorded Fine $5,000 Restitution $4,108	For returning to work and failing to notify WorkCover.
22/07/2013	Cabooluture	Conviction recorded Suspended sentence Restitution $23,353	For returning to work and failing to notify WorkCover and providing false and misleading information, the worker was charged.
20/06/2013	Brisbane	Conviction recorded Suspended sentence Restitution $19,311 Common law right extinguished	For returning to work and failing to notify WorkCover, attempting to defraud WorkCover at common law and providing false and misleading information, the worker was charged.
09/04/2013	Brisbane	Conviction recorded Suspended sentence Restitution $16,447	For providing false and misleading information about return to work, the worker and his friend were charged.
16/11/2012	Caboolture	No conviction recorded Fine $4,000 Restitution $23,892 Common law rights extinguished	For providing false information about self-employment activities, the worker was charged.
12/11/2012	Maroochydore	No conviction recorded Fine $1,000 Restitution $4,028	For providing false and misleading information about return to work, the worker was charged.
11/10/2012	Brisbane	No conviction recorded Fine $3,000 Restitution $11,505 Common law rights extinguished	For attempting to defraud by engaging in self-employment, the worker was charged.
02/11/2012	Wynnum	Conviction recorded Suspended sentence Restitution $32,280	For providing false and misleading information about returning to work, the worker was charged.
14/09/2012	Caboolture	Conviction recorded Suspended sentence Restitution $18,412	For failing to declare he had returned to work, the worker was charged
05/07/2012	Brisbane	Conviction recorded Suspended sentence Restitution $28,791 Common law rights extinguished	For misrepresenting the extent of injuries, the worker was charged
17/05/2012	Brisbane	Conviction recorded Suspended sentence Common law rights extinguished	For failing to disclose a prior injury, the worker was charged.
17/05/2012	Brisbane	Conviction recorded Suspended sentence Restitution $58,854 Common law rights extinguised	For failing to disclose a second job, the worker was charged.
05/03/2012	Townsville	No conviction recorded Fine $4,000 Restitution $5,498	For failing to disclose additional work, the worker was charged.
25/11/2011	Brisbane	Conviction recorded 10 weeks imprisonment Restitution $26,303	For lying about the cause of injury, the worker was charged.
20/10/2011	Brisbane	Conviction recorded Suspended sentence Restitution $20,049	For providing false and misleading information, the worker was charged.
11/10/2011	Rockhampton	Conviction recorded Suspended sentence Restitution $26,822	For failing to disclose a second job, the worker was charged.
29/08/2011	Southport	Conviction recorded Suspended sentence Restitution $48,263	For lying about the cause of injury, the worker was charged.
26/08/2011	Brisbane	Conviction recorded 4 months imprisonment Restitution $122,588	For providing fraudulent information, the worker was charged.
10/08/2011	Brisbane	Conviction recorded Suspended sentence Restitution $45,245.61	For failing to disclose a second job, the worker was charged.
07/07/2011	Brisbane	Conviction recorded Suspended sentence	For failing to disclose a second job, the worker was charged.
26/06/2011	Cairns	Conviction recorded Suspended sentence	For lying about the cause of injury, the worker was charged.
22/06/2011	Rockhampton	Conviction recorded Suspended sentence Restitution $15,448	For failing to disclose a second job, the worker was charged.
17/06/2011	Townsville	Conviction recorded Suspended sentence Restitution $19,170	For failing to disclose a second job, the worker was charged.
19/05/2011	Brisbane	No conviction recorded Fine $2,000 Restitution $9,967	For failing to disclose a second job, the worker was charged.
29/04/2011	Gold Coast	Conviction recorded Suspended sentence Restitution $26,200	For failing to disclose a second job, the worker was charged.
27/04/2011	Brisbane	No conviction recorded Fine $2,500 Restitution $15,829	For failing to disclose a second job, the worker was charged.
27/04/2011	Brisbane	Conviction recorded Suspended sentence Restitution $24,870	For failing to disclose a second job, the worker was charged.
24/03/2011	Brisbane	Conviction recorded Suspended sentence Restitution $58,549	For failing to disclose a second job, the worker was charged.
20/01/2011	Brisbane	No conviction recorded Fine $2,750 Restitution $8,919	For failure to disclose a second job, the worker was charged.
20/01/2011	Brisbane	Conviction recorded Suspended sentence Restitution $23,172	For failure to disclose additional employment, the worker was charged.
10/01/2011	Townsville	Conviction recorded 30 days imprisonment Fine $3,000 Restitution $13,846	For failure to insure multiple businesses, the employer was charged.
20/12/2010	Brisbane	Conviction recorded Suspended sentence Restitution $7,667	For lying about the cause of injury, the worker was charged.
25/11/2010	Brisbane	Conviction recorded Suspended sentence	For failing to disclose additional employment, the worker was charged.
16/11/2010	Toowoomba	Conviction recorded Fine $2,750 Restitution $4,622	For lying about return to work duties, the worker was charged.
04/10/2010	Townsville	Conviction recorded Fine $6,000 Restitution $8,763	For continuing a self-employed business while on workers' compensation, the couple were charged.
04/10/2010	Townsville	Conviction recorded Fine $6,000 Restitution $6,336	For continuing a self-employed business while on workers' compensation, the couple were charged.
19/08/2010	Brisbane	Conviction recorded Suspended sentence Restitution $30,906	For lying about the cause of injury, the worker was charged.
02/07/2010	Brisbane	Conviction recorded Suspended sentence Restitution $74,178	For failing to disclose a second job, the worker was charged.
16/07/2010	Mackay	Conviction recorded Suspended sentence Restitution $50,382	For failing to disclose a second job, the worker was charged.
13/07/2010	Townsville	No conviction recorded Fine $1,000 Restitution $2,324	For failing to disclose return to work, the worker was charged.

Charge/s	Outcome
1 charge of engaging in a calling	Worker found guilty at trial. Placed on 12 months' probation and ordered to pay $30,029.87 in
1 charge of engaging in a calling 1 charge of attempting to defraud	Worker found guilty. Fined $1,000 and ordered to pay court costs of $1,220 and of $256.
1 charge of fraud 6 charges of providing false and misleading information to a self-insurer	Worker found guilty at trial. Sentenced to six months imprisonment and ordered to pay $60,000 in.
4 charges of providing false and misleading information to a self-insurer	Worker pleaded guilty Fined $1,000 and ordered to pay court costs of $1,220 and of $256.
2 charges of providing false and misleading information to a self-insurer	Worker pleaded guilty. Sentenced to a 1 year good behaviour bond.

Last updated: 20 January 2020

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