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05-06-2017-Brisbane

Date 5 June 2017
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 One - Section 534(2) – False or misleading information or documents
Court Brisbane Magistrates Court
Plea Not guilty
Case For returning to a calling and failing to advise the insurer of this work and exaggerating his symptoms to providers
Facts

The worker made a claim for compensation on 3 March 2015 for an injury he sustained on 19 February 2015 in the course of his employment with the employer as an electrician.

The claim was accepted on 26 March 2015 and compensation was paid for the period 3 March 2015 to 1 November 2015.

The employer conducted surveillance of the worker on the 10 and 11 September 2015 which found the worker performing activities attributable to an electrician/labourer.

Further enquiries found the worker also worked between 30 July 2015 and 2 August 2015 as a self-employed electrician under his own business name.

The worker performed the above work while in receipt of compensation and failed to inform the insurer of this work.  He also exaggerated his symptoms to medical providers for the purposes of furthering his claim for compensation for which he would not otherwise been entitled.

A complaint and summons was filed on 8 June 2016 in the Brisbane Magistrates Court for offences committed by the worker for returning to a calling and failing to advise the insurer and exaggerating his symptoms to medical providers .

Penalty$8,000.00
Restitution $13,610.14
Costs $9,987.12 - Workers Compensation Regulators Costs
Common Law rights extinguished? Yes
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.

Last updated
23 August 2017

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