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17-08-2018-Brisbane

Date 17 August 2018
Charges

Charge 1 – Section 533 (via section 535) Workers’ Compensation and Rehabilitation Act  2003 (Qld) (WCRA) – Fraud

Charge 2 – Section 136 WCRA – Failure to notify insurer of  engagement in a calling

Charges 3 - 5 – Section  534(2) WCRA – False or misleading information or document

Court Brisbane Magistrates Court
PleaGuilty
Case For engaging in a calling without notifying the insurer
Facts

The worker made an application for compensation for a  work-related back injury sustained on 19 October 2016. At the time of this  injury the worker was employed as a fitter for a fabrication company.
WorkCover accepted the worker's application for  compensation and paid him workers' compensation benefits from 25 October 2016.

From 14 February 2017 the worker was employed by another  fabrication company. He did not inform WorkCover when he commenced this new  employment.

On 16 March 2017 the worker sent an online message to  WorkCover where he expressed frustration at a past employer dangling work in  front of him and then delaying it. The worker also stated to WorkCover that he  had not worked at all.

On 10 April 2017 the worker attended an appointment with  an independent medical examiner, at the request of WorkCover. In this appointment  the worker stated to the doctor that he had not returned to work.

On 22 June 2017 the worker had a telephone conversation  with WorkCover where he stated he had a new job as a powder coater and he had  started on Monday.

The worker's claim was closed on 27 July 2017. The  following day the worker lodged a new claim for a further back injury sustained  during his employment with his new employer. The insurer requested wage details  for the defendant from his new employer so it could properly calculate his entitlement  to weekly benefits. The information provided by the company showed the  defendant had worked for them between 14 February 2017 to 15 March 2017 and 31  May 2017 to 2 August 2017, during which time he was also in receipt of weekly  benefits.

The worker was sent an overpayment notice by the insurer and  he had repaid the amount he received on account of his return to a calling  prior to the prosecution being commenced.

A complaint was filed in  the Brisbane Magistrates Court on or around 5 July 2018 charging the worker with fraud, failing to notify the  insurer of his engagement in a calling and for providing false and misleading  information to the insurer and a registered person.

Penalty

The worker was ordered to pay a fine of  $1,500.00.

RestitutionNil
Costs$4,973.20 - Workers Compensation Regulators Costs
Common Law rights extinguished? Yes
ConvictionNot Recorded
Consideration for Prevention

A worker should  notify the insurer if they return to work in another job.

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.

Last updated
31 October 2018

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