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04-05-2017-Maroochydore

Date 4 November 2016
Charges

Charge  One – Section 533 Workers’ Compensation  and Rehabilitation Act 2003 (Qld) (WCRA)  – Fraud
Charge  Two – Section 136 – Worker must notify  return to work or engagement in a calling
Charge  Three – Six - Section 534(2) – False or misleading information or documents

Court Maroochydore Magistrates Court
Plea Guilty
Case For returning to a calling and failing to advise the insurer of this work
Facts

On  15 December 2012 the worker lodged an application for compensation with the  insurer alleging that on 14 December 2012 she sustained cervical spine and left  upper limb injuries while assisting another staff member to re-position a  resident on a bed during the course of her employment with an aged care company  as a permanent part-time Assistant in Nursing. Compensation was paid from 16  December 2012 to 19 May 2013.

The  worker lodged a Notice of Claim dated 1 December 2015. The worker swore that  she had received income of $8,010.00 from her employment with another employer during  the period 28 November 2012 to 30 June 2013. The worker did not disclose her  employment with this other employer at all during the statutory claim.

The  records obtained from the other employer confirmed the worker commenced work on  28 November 2012 (prior to the date of the injury) continuing after the claim  was closed. The worker worked on a regular basis for this employer as a ‘nanny’  to care for a family whose sole parent has a disability. The worker did not  disclose this employment during the statutory claim and provided false and  misleading information that she had not worked.

A complaint was filed in the Maroochydore Magistrate Court charging the worker with 6 separate offences under the WCRA.  The charges included: one charge of fraud for returning to a calling, one charge for failing to advise the insurer of that work and four charges of providing a false and misleading information/documents/statements to the insurer.
Penalty

The worker was  sentenced to 3 months wholly suspended for the fraud charge and 1 month each  for the five other charges (1 x s.136 failure to notify + 4 x false and  misleading) for an operational period  of 12 months

Restitution$14,451.99
Costs$5,000.00 – Workers Compensation Regulators Costs
Conviction Recorded
Consideration for Prevention

A worker should  notify the insurer if they continue to work or return to work while in receipt  of benefits.

A worker should  notify the insurer if they perform any activity giving rise to the receipt of  remuneration or reward including self-employment or the performance of an  occupation, trade, profession, or carrying on of a business, whether or not the  person performing the activity received remuneration.

A worker should be honest about his/her symptoms  and capacity to work when speaking to the insurer and/or medical practitioners

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Last updated
22 August 2017

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