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Gladstone, 21 May 2014

Date

21 May 2014

Charges

One charge of fraud

Plea

Guilty

Facts

The worker made a claim for workers' compensation. The claim was accepted and compensation was paid to the worker.

The employer's return to work coordinator immediately implemented a suitable duties program. This program involved the worker remaining at home undertaking 'refresher training' in employer manuals, lifting techniques and other similar training.

During the period the worker was receiving compensation the worker engaged in a calling as a truck driver with another company.

The worker did not notify the insurer of his engagement in a calling as required by section 136 of the Workers' Compensation and Rehabilitation Act 2003.

The total amount of compensation paid during the offence period was $14,673.08.

Penalty

$8,000.00

Restitution

$14,673.08

Costs

Workers' Compensation Regulators' costs - $4,225.10

Conviction

Recorded

Consideration for Prevention

A worker should notify the insurer if they engage in a calling. That is, they 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. This includes the worker’s capacity to perform work which is different to the work they were performing when they injured themselves.

If the worker believes they are able to engage in another calling (i.e. not the employment at which they injured themselves) then the worker should notify the insurer. If the insurer has a true understanding of the worker's capacity then they can properly manage the worker's claim.

It may be possible to arrange for the worker to engage in the alternate calling under a host employment arrangement. This allows the worker to perform the alternate calling while still receiving weekly benefits.

Alternatively, if the worker notifies the insurer that they intend to engage in an alternate calling then they may not be entitled to receive weekly benefits, but they might be entitled to receive compensation for medical and rehabilitation expenses.

Last updated
10 January 2017

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