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18-10-2019-Brisbane

Date 18 October 2019
Charges

Charge One – Section 533 Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Fraud
Charge Two – Section 533 – Attempted Fraud
Charge Three - Section 534(2) – False or misleading statements

Court Brisbane Magistrates Court
Plea Guilty
CaseThe worker failed to disclose a similar injury that the worker sustained 2 days prior to the alleged workplace injury.
Facts

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.

The workers’ compensation claim continued for approximately 9 months over which time the worker continued to receive compensation for wages, had surgery on his shoulder and had other medical expenses paid for.

The insurer received a tip-off that the worker had in fact sustained a right shoulder dislocation while attending the races at the Doomben Racecourse 2 days prior to the claimed workplace injury. Ambulance records and an incident report substantiated this.

At no time did the worker disclose this incident to the insurer or any of the medical practitioners who treated and assessed the worker. The worker made express denials of ever having suffered a previous similar injury. The worker was charged with fraud on the basis.


The worker attempted to further defraud the insurer by commencing a common law claim for damages against the employer, wherein the worker made representations about not having previously suffered any similar injury or condition prior to the date of the work-related incident and claimed that the employer was 100% liable for the injury.

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
Costs$5,611.81
Common Law rights extinguished? Yes
ConvictionRecorded
Consideration for PreventionA worker should be honest about how the injury occurred and disclose any previous injuries which could be relevant to the claim.
Last updated
13 December 2019

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