Workers' compensation prosecution outcomes

Hearing date: 15 May 2024

Magistrates court: Brisbane Magistrates Court - Magistrate Noud

Outcome: Fraud & Attempted Fraud (Section 533 WCRA): A head sentence of 16 months imprisonment wholly suspended for two years attaching to each charge (to run concurrently).

Convicted and not further punished for the remaining seven charges.

Case: A worker must tell the insurer if they return to work in any capacity during their claim (paid, unpaid and self-employment), regardless of whether the claimant is earning an income from that work.

Hearing date: 30 April 2024

Magistrates court: Brisbane Magistrates Court

Outcome: Fined $24,000

Case: Failing to comply with a Notice to Produce issued by an Authorised Person.

Hearing date: 7 March 2024

Magistrates court: Brisbane Magistrates Court - Magistrate Merrin

Outcome: 18 Months probation

Case: Claimants receiving compensation must disclose any work, paid or unpaid, including self employment.

Hearing date: 18 January 2024

Magistrates court: Beenleigh Magistrates Court - Magistrate Mac Giolla Ri

Outcome: $1500 global fine

Case: Misleading information must not be given.

Hearing date: 18 September 2023

Magistrates court: Townsville Magistrates Court – A/Magistrate Luxton

Outcome:

• Penalty: Global fine of $4,000

Case: A worker must be honest and not misleading in their disclosure of any capacity for or engagement in a calling.

Hearing date: 28 July 2023

Magistrates court: Beenleigh Magistrates Court – Magistrate Clohessy

Outcome:

• Penalty
  • Charge 1 – Fraud:
    • 6 months imprisonment wholly suspended for an operational period of 12 months.
  • Charge 2 – Failure to notify insurer of engagement in a calling:
    • Convicted and not further punished.

Case: The worker failed to notify the insurer of their engagement in a calling by not disclosing unpaid work they undertook while receiving compensation.

Hearing date: 12 June 2023

Magistrates court: Southport Magistrates Court – Magistrate Pink

Outcome:

• Penalty
  • Charge 1 – 4 months imprisonment, wholly suspended for 12 months

Case: The worker returned to work during statutory claim and did not advise the insurer and lied to the insurer and doctors when asked about the work.

Hearing date: 30 May 2023

Magistrates court: Beenleigh Magistrates Court – Magistrate Howden

Outcome:

• Penalty
  • Charge 2 – $800.00 fine

Case: The worker failed to notify the insurer of their engagement in a calling by not disclosing that they had commenced undertaking work during their claim.

Hearing date: 27 April 2023

Magistrates court: Brisbane Magistrates Court – Magistrate Strofield

Outcome:

• Penalty:
  • 6 months imprisonment, wholly suspended for 12 months

Case: The worker sustained a back injury at work. He made a claim, which was accepted, and remained off work until the end of his claim. During the period he was playing baseball, he told a GP, a neurosurgeon, a physiotherapist, and multiple WorkCover employees that he had unchanged pain. Even after becoming aware that he was being investigated for fraud, he persisted in dishonesty by admitting only to a reduced period of playing baseball.

Hearing date: 17 April 2023

Magistrates court: Caloundra Magistrates Court – Magistrate Benson

Outcome:

• Penalty:
  • A global fine in the amount of $2,500.00

Case: The worker signed an employment contract with another employer while certified totally incapacitated for work. Following this, the worker made several false or misleading statements about their search for alternative employment to the insurer.

The worker then commenced this new employment, performing the same hours and duties as their pre-injury employment. The worker failed to notify the insurer of this work within 10 business days (or at all) and made several false or misleading statements to the insurer and a medical practitioner about their capacity for, and engagement in, a return to work.

Hearing date: 21 March 2023

Magistrates court: Brisbane Magistrates Court – Magistrate Byrne

Outcome:

• Penalty
  • Charge 1 – Section 533 WCRA – Fraud:
    • 2 years imprisonment wholly suspended.
  • Charge 2 – Section 533 WCRA – Attempted fraud:
    • 2 years imprisonment wholly suspended

Case: The worker failed to disclose a relevant pre-existing injury.

Hearing date: 27/02/2023

Magistrates court: Brisbane Magistrates Court – Magistrate Noud

Outcome:

• Penalty:

  A global fine in the amount of $1,500.00

Case: The defendant failed to notify the insurer of his engagement in a calling within 10 business days and stated false or misleading information to the insurer in connection with his claim for compensation..

Hearing date: 13/02/2023

Magistrates court: Southport Magistrates Court – Magistrate Dooley

Outcome:

• Penalty:

  Charge 1 – $7,500.00 fine

Case: The employer used a workers’ compensation document for employment purposes by commencing disciplinary action against a worker by using an email the worker sent about the management of his workers’ compensation claim to a third party engaged by the self-insurer to manage his claim.

Hearing date: 24 January 2023

Magistrates court: Caloundra Magistrates Court – Magistrate Benson

Outcome:

• Conviction recorded
• Penalty:
  • Charge 1 – 9 months imprisonment wholly suspended for 2 years
  • Charge 2 – convicted but not punished
  • Charge 4 – 3 months imprisonment wholly suspended for 2 years

Case: The worker defrauded the insurer by failing to tell the insurer that he had returned to work.

Hearing date: 19 January 2023

Magistrates court: Townsville Magistrates Court – Magistrate Taylor

Outcome:

• Conviction recorded
• Penalty:
  • Charge 1 and 2 – 15 months imprisonment wholly suspended with an operational period of 30 months.

Case: The worker defrauded the insurer by not disclosing that she had sustained similar injuries to her right shoulder prior to the work incident.

The worker attempted to defraud the insurer by providing a Notice of Claim for Damages that did not disclose her relevant medical history.

Hearing date: 14 December 2022

Magistrates court: Brisbane Magistrates Court

Outcome:

• Conviction recorded
• Penalty:
  • Fraud (x2) – section 533/535
  • Fail to notify of engagement in a calling (x2) – section136
  • Giving false or misleading information (x2) – section 534

Case: A worker must disclose any work undertaken during their claim and must not make any false or misleading statements about their capacity for work or employment status whilst in receipt of compensation.

Hearing date: 2 December 2022

Magistrates court: Brisbane Magistrates Court – Magistrate Ho

Outcome:

• Conviction recorded
• Penalty:
  • Charge 1 – s 533/535 – fraud
  • Charges 2 and 3 – s 136 – failure to notify of engagement in a calling
  • Charges 4-15 – s 534(2) – stating false or misleading information

Case: The worker defrauded the insurer by failing to notify of his engagement in a calling with two different employers.

The worker stated false or misleading information by lying about his capacity for work and engagement in work to registered persons and the insurer.

Hearing date: 28 September 2022

Magistrates court: Townsville Magistrates Court

Outcome:

• Conviction recorded
• Penalty:
  • Charge 1 – s 533/535 – Fraud
  • Charges 2 and 3 – s 136 – Fail to notify of engagement in calling
  • Charges 4-10 – s 534 – Stating false or misleading information

Case: Worker engaged in the same occupation as their pre-injury role with two separate employers, failed to disclose it, and made false statements about the work to the insurer.

Hearing date: 23/06/2022

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty:
  • Charges 1 and 6 – 15 months imprisonment wholly suspended after 5 months imprisonment with an operational period of 3 years
  • Charges 3-5, 7-9 – 6 months imprisonment wholly suspended after 2 months imprisonment with an operational period of 3 years
  • Charge 2 – convicted but not punished

Case: The worker defrauded the insurer by lying about his capacity to work during the claim period.

Hearing date: 16/06/2022

Magistrates court: Brisbane Magistrates Court – Magistrate Elliot

Outcome:

• Conviction recorded
• Penalty:
  • Charge 1 – s 533 – fraud Charge 2 – s 534(3) – false or misleading information in a document
  • Charges 3, 4, 6, 7, 9 and 10 – s 534(2) – stating false or misleading information
  • Charges 5 and 8 – s 136 – fail to notify of engagement in calling.

Case: The worker defrauded the insurer by engaging in a calling in the same role as she claimed to be incapacitated for, failing to disclose her engagement in a calling and lying about her capacity for and participation in work during the claim period.

She later engaged in a second calling in a different role and also failed to notify the insurer of that work.

The worker provided false or misleading information by lying about her capacity for and engagement in work to the insurer and medical practitioners.

As a result of her dishonesty, the insurer paid $79,565.42 in compensation to and on account of the worker.

Hearing date: 11/10/2022

Magistrates court: Caloundra

Outcome:

• Conviction not recorded
• Penalty:
  • Charge 1 – $1000 fine

Case: The worker attempted to defraud the insurer by failing to disclose relevant pre-existing medical history and lying about their capacity for work.

Hearing date: 29/09/2022

Magistrates court: Redcliffe Magistrates Court

Outcome:

• Conviction recorded
• Penalty:
  • Charge 1 – s 533/535 – Fraud: -15 months imprisonment, to serve 5 months in custody.
  • Charge 2 – s 136 – Failure to notify of engagement in calling: -Convicted and not further punished.
  • Charges 3-5 – s 534 – Stating false or misleading information: -9 months imprisonment, to serve 3 months in custody.        The Court ordered that the worker be released on parole after serving 5 months in custody.

  The Court ordered that the worker be released on parole after serving 5 months in custody.

Case: The worker engaged in the same type of work as his pre-injury employment whilst in receipt of compensation and whilst purporting an inability to return to work due to the work-related injury.

Hearing date: 16/08/2022

Magistrates court: Richlands Murri Court – Magistrate Previtera

Outcome:

• Conviction recorded
• Penalty:
  • Charge 1 – s 533 – fraud
  • Charge 2 – s 136 – failure to notify insurer of engagement in a calling
  • Charges 3-5 – s 534 – knowingly make a false or misleading statement to a registered person or WorkCover

Case: The worker defrauded the insurer by failing to notify of his engagement in a calling by not disclosing to the insurer that he had commenced paid employment during the claim period. The worker knowingly made false or misleading statements by lying about his capacity for work and work status during assessments with medical professionals and with the insurer.

Hearing date: 11/08/2022

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty:
  • 12 months imprisonment for the fraud charge wholly suspended for 2 years
  • 12 months imprisonment for the attempted fraud charge wholly suspended for 2 years
  • Convicted and not further punished for both charges relating to the worker’s failure to notify the insurer of their engagement in a calling.

Case: The worker was charged for engaging in a calling with two separate employers while in receipt of compensation.

The worker also attempted to gain compensation during a second claim by falsely denying they had been engaging in paid work.

Hearing date: 2/08/2022

Magistrates court: Brisbane

Outcome:

• Conviction not recorded
• Penalty:
  • Charges 1-3 – $2,000 fine

Case: The worker made false or misleading statements by telling doctors and the insurer that he was not able to continue participating in his usual hobby of rugby coaching during the claim period.

Hearing date: 21/07/2022

Magistrates court: Kingaroy Magistrates Court – Magistrate Sinclair

Outcome:

• Conviction recorded
• Penalty:
  • Charges 1-37 – 3 months imprisonment wholly suspended with an operational period of 18 months

Case: The worker defrauded the insurer by claiming reimbursement of travel expenses from the insurer for medical appointments that were not related to his claim.

Hearing date: 28 April 2022

Magistrates court: Mackay

Outcome:

• Conviction not recorded
• Penalty:
  • Fined $3,000

Case: The worker was charged for giving a document to the Regulator for the purpose of an application for compensation, knowing the information contained in the document was false or misleading in a material particular.

Hearing date: 14 March 2022

Magistrates court: Southport Magistrates Court – Magistrate Balic

Outcome:

• Penalty:
  • Charge 1 – $1000 fine
  • Charge 2 - $1000 fine
  • Charge 3 - $1000 fine

Case: The worker gave false or misleading information by failing to disclose relevant pre-existing medical history to the insurer and medical specialists.

Hearing date: 4 March 2022

Magistrates court: Brisbane Magistrates Court – Magistrate Elliot

Outcome:

• Conviction recorded
• Penalty:
  • Charges 1 and 4 Ipswich complaint – 15 months imprisonment wholly suspended with an operational period of 2 years.
  • Charge 1 Brisbane complaint and charges 2, 5, 6 and 7 Ipswich complaint – 6 months imprisonment wholly suspended with an operational period of 2 years.
  • Charge 3 Ipswich complaint – no further punishment

Case: The worker defrauded the self-insurer by lying about his capacity to work during the claim period and failing to disclose that he was working as a rideshare driver during his claim.

The worker failed to notify the insurer of engagement in a calling by not disclosing to the self-insurer that he was working during the claim period.

The worker provided false or misleading information by giving incorrect information in documents to the self-insurer.

The worker stated false or misleading information by lying about his capacity for work to a registered person.

The worker attempted to defraud the self-insurer by providing a Notice of Claim for Damages and several statutory declarations that did not disclose his rideshare work and income from that work.

Hearing date: 4/02/2022

Magistrates court: Caboolture

Outcome:

• Conviction not recorded
• Penalty:
  • Fined $4,000

Case: A worker should be truthful about their injury and symptoms to their medical practitioners.

Hearing date: 19/01/2022

Magistrates court: Cairns

Outcome:

• Conviction recorded
• Penalty:
  • 12 months imprisonment, wholly suspended for 2 years for the fraud charge
  • 6 months imprisonment, wholly suspended for two years for the false or misleading statement charges
  • Convinced but not further punished for the failing to notify charge.
  • Terms were ordered to be served concurrently.

Case: The worker was charged with defrauding the insurer by failing to disclose their engagement in a calling while in receipt of workers' compensation and for making false or misleading statements about their working status and sources of income.

Hearing date: 17/01/2022

Magistrates court: Cairns

Outcome:

• Conviction recorded
• Penalty:
  • 6 months imprisonment, wholly suspended for 12 years, on the the fraud charge
  • 3 months imprisonment, wholly suspended for 12 months, in relation to the remaining four charges
  • Convinced but not further punishment.

Case: A worker must be honest about their capacity for, and engagement in, any type of work whether paid or unpaid.

Hearing date: 29/11/2021

Magistrates court: Townsville

Outcome:

• Conviction recorded
• Penalty:
  • 12 months imprisonment, wholly suspended for two years for the fraud charge
  • 7 months imprisonment, wholly suspended for two years for the false or misleading statement charges
  • Convinced but not further punished for the failing to notify an insurer of an engagement in a calling charge.
  • The terms of imprisonment were ordered to be served concurrently.

Case: The worker was charged for failing to notify the insurer of their engagement in a calling as a crowd controller/security officer and for providing false or misleading information to the insurer and medical practitioners.

Hearing date: 25/11/2021

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty:
  • 9 months imprisonment, wholly suspended for an operational period of 18 months on the attempted fraud charge
  • 6 months imprisonment, wholly suspended for an operational period of 18 months for the providing false or misleading information charges
  • Terms to be served concurrently.

Case: The worker was charged with attempting to defraud the insurer by failing to disclose self-employment they were undertaking to the insurer and to their medical practitioners.

Hearing date: 10 November 2021

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty:
  • Charge 1 – 12 months imprisonment wholly suspended for two years
  • Charges 2-4 – 3 months imprisonment wholly suspended for two years
• Restitution: $0

Case: The worker attempted to defraud the insurer by overstating the seriousness of limitations caused by the work-related injury.

Hearing date: 24/09/2021

Magistrates court: Maroochydore

Outcome:

• Conviction recorded
• Penalty: Fined $18,000
• Restitution: $0

Case: The employer was charged with failing to insure by under declaring wages of their employees.

Hearing date: 20/09/2021

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty: 14 months imprisonment, wholly suspended for an operational period of 2 years on the attempted fraud charge. 9 months imprisonment, wholly suspended for an operational period of 2 years for the providing false or misleading information charges. Terms to be served concurrently.
• Restitution: $0

Case: The worker was charged with attempting to defraud the insurer by failing to disclose work they were undertaking to the insurer and to their medical practitioners during the course of their common law claim for damages. The worker was found guilty after trial and was sentenced on that basis.

Hearing date: 20/09/2021

Magistrates court: Mackay

Outcome:

• Conviction recorded
• Penalty: 8 months imprisonment, wholly suspended for an operational period of 2 years on the fraud charge. 1 months imprisonment, wholly suspended for an operational period of 2 years for the providing false or misleading information charges. Terms to be served concurrently.
• Restitution: $14,172.95

Case: The worker was charged with defrauding the insurer by exaggerating the extent of their symptoms and capacity to the insurer and medical practitioners.

Hearing date: 17/09/2021

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty: 6 months imprisonment, wholly suspended for an operational period of 18 months on all charges. Terms to be served concurrently.
• Restitution: $40,928.22

Case: The worker was charged with defrauding the insurer by failing to disclose an engagement in a calling to the insurer and to their medical practitioners.

Hearing date: 13/08/2021

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty:
  • 14 months imprisonment wholly suspended for two years for the fraud and attempted fraud charges
  • 7 months imprisonment wholly suspended for 2 years for the stating false or misleading charges
  • Convicted but not further punished for the failing to notify an insurer of an engagement in a calling charge
  • The terms of imprisonment were ordered to be served concurrently
• $27,063.84
  On the day prior to sentencing, the worker repaid $10,000 of that amount.
  The worker was ordered to repay the remaining $17,063.84 to the insurer.
  The order was referred to SPER for enforcement.

Case: The worker was charged for failing to notify the insurer of their engagement in a calling as a labourer/assistant carpenter and for providing false or misleading information about their working status to the insurer.

The worker also attempted to defraud the insurer during their common law proceedings based on dishonest representations that they could not return to work as a labourer/assistant carpenter.

Hearing date: 12/08/2021

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty:
  • 2 years imprisonment, suspended for 2 years after serving 6 months
  • Convicted. not further punished
  • 6 months imprisonment, suspended for 2 years after serving 3 months
• Restitution: $228,774.43

Case: The charges arose from the worker failing to disclose their self-employment in marketing while receiving compensation and making false or misleading statements about their capacity for work.

Hearing date: 23/07/2021

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty:
  • 6 months imprisonment, wholly suspended for 2 years
  • Convicted, not further punished
• Restitution: Nil

Case: The worker was charged after surveillance footage was captured showing them carrying out work beyond what they had claimed to be capable of in their common law claim for damages.

Hearing date: 15/07/2021

Magistrates court: Maroochydore

Outcome:

• Conviction recorded
• Penalty: Charge 1 – Fraud – $2,000.00 fine. Charge 2 – No evidence to offer. Charges 3-4 – False or misleading statement – Convicted, not further punished.
• Restitution: $415.00

Case: The charges arose from the worker lying about sustaining an injury at work when it in fact occurred while they were not working.

Hearing date: 10/06/2021

Magistrates court: Beaudesert

Outcome:

• Conviction recorded
• Penalty: 7 months imprisonment, wholly suspended for an operational period of 18 months on the fraud charge. 2 months imprisonment, wholly suspended for an operational period of 18 months on each of the remaining charges. Terms to be served concurrently.
• Restitution: $18,876.90

Case: The worker was charged with defrauding the insurer by returning to work and failing to notify of this return to work while in receipt of compensation benefits.

Hearing date:  24/02/2021

Magistrates court: Southport

Outcome:

• Conviction recorded
• Penalty: 6 months imprisonment, wholly suspended for an operational period of 18 months on all charges Terms to be served concurrently
• Restitution: $17,415.46

Case: The worker was charged with defrauding the insurer by exaggerating their symptoms and capacity for the purpose of obtaining workers’ compensation benefits.

Hearing date:  20/11/2020

Magistrates court: Brisbane

Outcome:

• Conviction not recorded
• Penalty: 120 hours of community service, to be completed within 12 months
• Restitution: Nil

Case: The employer provided false or misleading information to a registered person in relation to a worker’s claim for compensation, and failed to report information they knew to be false to the insurer.

Hearing date: 22/09/2020

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty: 6 months imprisonment, to be released on parole immediately on each of the fraud and attempted fraud charge. Convicted, not further punished in relation to each of the remaining charges. Terms to be served concurrently
• Restitution: $69,508.74

Case: The worker was charged with defrauding the insurer by failing to notify of an engagement in a calling and providing false or misleading information in relation to their capacity to work, current work status and the extent of their injuries and symptoms.

Hearing date: 31/07/2020

Magistrates court: Coolangatta

Outcome:

• No conviction recorded
• Penalty: Fine of $800 in respect of both charges
• Restitution: $0

Case: The worker was charged with attempting to defraud the insurer by providing false or misleading information about the location where they sustained their injury.

Hearing date: 3/07/2020

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty:
  • 12 months imprisonment, wholly suspended for an operational period of 2 years on each of the fraud charge
  • 9 months imprisonment, wholly suspended for an operational period of 2 years on each of the providing false or misleading information charges
  • Terms to be served concurrently
• Restitution: $0

Case: The worker was charged with attempting to defraud the insurer by providing false or misleading information to the insurer regarding how his injury was sustained.

Hearing date: 09/03/2020

Magistrates court: Southport

Outcome:

• Conviction recorded
• Penalty: 6 months imprisonment, wholly suspended for an operational period of 2 years on the fraud charge. 3 months imprisonment, wholly suspended for an operational period of 2 years on each of the providing false or misleading information charges. Terms to be served concurrently.
• Restitution: $23,012.37

Case: The worker was charged with defrauding the insurer by returning to a calling without notifying the insurer. The worker positively denied having worked when questioned by the insurer.

Hearing date: 21/02/2020

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty: 6 months imprisonment, wholly suspended for an operational period of 18 months.
• Restitution: $19,255.32

Case: The worker was charged with fraud due to failing to notify the insurer of their return to a calling and providing false or misleading information or statements in relation to this.

Hearing date: 24/01/2020

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty: Fraud charge - 18 months imprisonment with immediate release on parole. 18x False or misleading information charges – for each charge, 3 months imprisonment with immediate release on parole.
• Restitution: $116,616.22

Case: The worker was charged in relation to fraudulently obtaining workers' compensation by claiming that he had sustained a psychological injury as a result of a robbery during the course of his employment, when the robbery was staged by the worker and two accomplices.

Hearing date: 13/01/2020

Magistrates court: Southport

Outcome:

• Conviction recorded
• Penalty: 9 months imprisonment, wholly suspended for an operational period of 2 years on the fraud charge. 2 months imprisonment, wholly suspended for an operational period of 2 years on each of the providing false or misleading information charges. Convicted but bot further punished in relation to the failing to notify of a return to a calling charge; Terms to be served concurrently.
• Restitution: $23,336.43

Case: The worker was charged with defrauding the insurer by returning to a calling without notifying the insurer. The worker positively denied having worked when questioned by the insurer.

Hearing date: 03/12/2019

Magistrates court: Townsville

Outcome:

• Conviction recorded
• Penalty: 9 months imprisonment, wholly suspended for an operational period of 2 years – fraud. 3 months imprisonment wholly suspended for an operational period of 2 years – false or misleading information.
• Restitution: $17,865.19

Case: The worker was charged for fraudulently claiming workers’ compensation for a psychological injury they claimed to have sustained as a result of an armed robbery at their place of employment.

Hearing date: 21/11/2019

Magistrates court: Maroochydore

Outcome:

• Conviction recorded
• Penalty: 15 months imprisonment, wholly suspended for an operational period of 2 years on the fraud charge. 6 months imprisonment, wholly suspended for an operational period of 2 years on each of the other charges.  Terms to be served concurrently
• Restitution: $44,525.11

Case: The worker was charged with defrauding the insurer by failing to notify the insurer of work which they were undertaking while in receipt of workers’ compensation benefits. The worker made false or misleading representations to the insurer in relation to their employment status.

Hearing date: 12/11/2019

Magistrates court: Southport

Outcome:

• No conviction recorded
• Penalty: $2,000

Case: The worker was sentenced in relation to failing to notify the insurer of an engagement in a calling and providing false or misleading information or statements.

Hearing date: 22/10/2019

Magistrates court: Townsville

Outcome:

• Conviction recorded
• Penalty: The worker was sentenced to 18 months imprisonment, wholly suspended for an operational period of two years on the fraud charge and six months imprisonment, wholly suspended for an operational period of two years on each of the other charges. Terms to be served concurrently
• Restitution: $53,382.33

Case: The worker was charged with defrauding the insurer by failing to disclose relevant pre-existing injuries and for providing false and misleading information to medical practitioners and insurer staff. The worker further attempted to defraud the insurer in failing to disclose same in his Notice of Claim for common law damages and making false and misleading statements to doctors assessing his permanent impairment.

Hearing date:  18/10/2019

Magistrates court:  Brisbane

Outcome:

• Conviction recorded
• 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

Case: 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.

Hearing date: 10/10/2019

Magistrates court: Brisbane

Outcome:

• Conviction recorded
• Penalty: The worker was sentenced to 8 months, wholly suspended for two years.

Case: Attempted fraud in relation to undisclosed employment in the common law claim.

Hearing date:  02/08/2019

Magistrates court:  Brisbane

Outcome:

• Conviction recorded
• Penalty: The worker was sentenced to 4 months imprisonment, wholly suspended for an operational period of 18 months.

Case: The worker was charged with attempting to defraud the insurer by exaggerating their injuries in a Notice of Claim for Damages and making false representations to the doctors assessing their permanent impairment.

Hearing date:  10/05/2019

Magistrates court:  Brisbane

Outcome:

• No conviction recorded
• Penalty:$1,000

Case: The worker made an application for compensation with the insurer for an injury to their back which occurred in the course of their employment. The claim was accepted. During the claim, the insurer placed the worker under surveillance. The surveillance footage showed the worker performing activities that were inconsistent with the worker's statements to the insurer and to various medical practitioners regarding their level of symptoms and functional incapacity.

Hearing date:  15/03/2019

Magistrates court:  Gladstone

Outcome:

• Conviction recorded
• Penalty: s533 - three months imprisonment wholly suspended for 12 months for charge one (fraud) s534 - one month wholly suspended for 12 months for each of charges three to six (false or misleading information) All terms to be served concurrently s136 - convicted but not further punished in relation to charge two (failing to notify the insurer of return to work)
• Restitution: $27,917.70

Case: The worker was charged with engaging in a calling without notifying the workers' compensation insurer.

Hearing date:  01/03/2019

Magistrates court:  Brisbane

Outcome:

• Conviction recorded
• Penalty: $5,000 fine
• Restitution: $3,818.70

Case: The worker failed to notify the insurer that he had returned to work and made false statements to the effect that he was totally incapacitated.

Hearing date:  12/02/2019

Magistrates court:  Townsville

Outcome:

• No conviction recorded
• Penalty:$7,500

Case: Employer using a workers' compensation document for a purpose relating to the employment of a worker.

Hearing date:  04/02/2019

Magistrates court:  Brisbane

Outcome:

• No conviction recorded
• Penalty: $3,500 fine
• Restitution: $4,553.98

Case: The worker exaggerated his symptoms and functional incapacity in order to prolong his workers' compensation claim.

Hearing date:  18/01/2019

Magistrates court:  Brisbane

Outcome:

• Conviction recorded
• Penalty: The worker was sentenced to 7 months imprisonment, on each offence of fraud and attempted fraud, and 3 months imprisonment on each of the remaining 9 charges. It was ordered that the whole term be suspended for an operational period of 2 years.
• Restitution: $16,528.40

Case: The worker defrauded the insurer by failing to notify of their return to a calling and making false statements to the effect that the worker was not able to work. They further attempted to defraud the insurer by making false statements in relation to not having returned to work in their Notice of Claim for common law damages.