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Date 21 April 2017

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

Court Brisbane Magistrates Court
Plea Guilty
Case For attempting to defraud insurer by failing to declare employment in the claim for damages

On  1 October 2012 the worker lodged an application for compensation with the  insurer for an injury to his back which occurred on 29 September 2012 while  working as an underground miner.

The  claim was accepted on 29 October 2012. The worker was paid compensation from 9  October 2012 until 25 October 2013. A notice of assessment was issued on 7  November 2013.

The  worker lodged a Notice of Claim for Damages dated 16 September 2014.  

Throughout  the common law process the worker claimed he had not returned to any form of  work at all, not claimed Centrelink and had lived off his savings since he was  made redundant in July 2013. The worker has not filed an income tax return in  the 2009 to 2013 inclusive financial years.  

The  insurer conducted surveillance on 27 August 2015 and on 25 and 26 November 2015  and found the worker working as a cab driver.

Further  enquiries revealed the worker commenced working as a cab driver on 10 May 2014  to current.

A complaint was filed in the Brisbane Magistrate Court charging the worker with 6 separate offences under the WCRA.  The charges included: one charge of fraud pursuant to section 533 (for attempting to defraud the insurer), and five charges of providing a false and misleading information/documents/statements to the insurer pursuant to section 534.
PenaltyThe worker was sentenced to imprisonment for a period of 12 months for the fraud charge and 4 months for each of the false and misleading charges to be wholly suspended for a period of three years.
Restitution$Nil (attempt only)
Costs$10,000.00 – Workers Compensation Regulators Costs
Conviction Recorded
Consideration for Prevention

A worker should  declare any work they have undertaken in their claim for damages so a fair  assessment can be made in the calculation of damages.

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

Last updated
21 August 2017

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