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04-07-2017-Brisbane

Date 4 July 2017
Charges

1 charge of attempted fraud (pursuant to s.533)
4 charges of knowingly making a false or misleading statement (pursuant to s. 534)
1 charge of giving a document that contains false or misleading information (pursuant to s. 534)

Court Brisbane Magistrates Court
Plea Guilty on all charges
Case For making a false claim for workers' compensation
Facts

The worker made a claim for workers' compensation on 14 December 2015 which was never accepted by the insurer. It was alleged that she provided false information in her claim that she accidentally fell and injured her wrist when taking out the garbage at her workplace.

CCTV footage showed that the worker did not injure her wrist by falling when she took out the garbage but instead showed her hitting her hand with a metal rod while standing at the wheelie bin area.

The insurer claim representative confronted the worker during a telephone conversation. The worker maintained that she had injured her wrist when she fell to the ground while taking out the rubbish however when advised of what the CCTV footage depicted, she opted to withdraw her claim.

The insurer referred this matter on the basis that the worker attempted to defraud and/or provided false or misleading information to support her false claim.

Penalty $800
Restitution N/A - attempted fraud
Costs $3,000
Common Law rights extinguished? Yes
Conviction Not recorded
Consideration for Prevention

A worker should not provide false and misleading information/documents to make a claim for compensation to which they are not entitled.