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21-04-2017-Brisbane

Date

21 April 2017

Charges

Charge  One – Section 533 Workers’ Compensation and Rehabilitation Act 2003 (Qld)  (WCRA) – Fraud
Charge  Two – Section 534(3) – False or misleading information or documents (WITHDRAWN)
Charge  Three – Section 534(3) – False or misleading information or documents  (WITHDRAWN)
Charge  Four – Section 534(2) – False or misleading information or documents  (WITHDRAWN)
Charge  Five – Section 534(2) – False or misleading information or documents  (WITHDRAWN)
Charge  Six – Section 534(2) – False or misleading information or documents (WITHDRAWN)
Charge  Seven – Section 534(2) – False or misleading information or documents  (WITHDRAWN)
Charge  Eight – Section 534(2) – False or misleading information or documents  (WITHDRAWN)
Charge  Nine – Section 534(2) – False or misleading information or documents  (WITHDRAWN)
Charge  Ten – Section 534(2) – False or misleading information or documents (WITHDRAWN)
Charge  Eleven – Section 534(2) – False or misleading information or documents  (WITHDRAWN)
Charge Twelve – Section 534(2) – False or misleading information or  documents (WITHDRAWN)

Court

Brisbane

Plea

Guilty

Case

The worker was charged for dishonesty describing the cause of the workers’ injury to a workers’ compensation insurer.

Facts

In December 2015  the defendant allegedly sustained injuries which included a black eye, a cut to  her head, a sprained right wrist and a concussion. The defendant lodged an Application  for Compensation form with the insurer detailing that she was involved in a car  accident on her way to work.

The insurer  requested documentation from the defendant regarding the road assistance  callout on the day of this accident to verify the claim. The next day, the  defendant provided a photo of a road assistance document which stated that RACQ  responded to a callout regarding the defendant’s car.

The day the road assistance document was received from the defendant, the  insurer accepted the claim.
There were a  number of discrepancies and inconsistencies that later proved the defendant’s  claim was untrue after the insurer made enquiries with a number of people and  organisations, including enquiries with the road assistor which revealed the road  assistance document was not issued by that organisation.

As a result the  worker knowingly made dishonest representations to the insurer and registered  persons during the claim. The insurer was deprived of the opportunity to make a  properly informed decision based on all of the relevant information about  whether to accept and/or continue to pay the worker compensation.

As a result,  the worker obtained a benefit from the insurer (by way of compensation paid to her  or on her behalf) that she was not entitled to.

The total amount of compensation paid during the offence period was $3,253.63  (i.e. this was the “amount of the fraud”).

Penalty

$4,000.00 fine

Restitution

$3,253.63

Costs

$6,000.00  (Workers Compensation Regulator’s costs)

Conviction

Not Recorded

Consideration for Prevention

A worker should not  provide false and misleading information/documents to claim for compensation  for which they may not otherwise be entitled to.

Last updated
28 June 2017

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