05-05-2017-Brisbane

Date	05 May 2017
Charges	Charge One – Section 533 Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Fraud (WITHDRAWN) Charge Two – Section 136 – Failure to notify of an engagement in a calling Charge Three – Section 534(3) – False or misleading information or documents Charge Four – Section 534(3) – False or misleading information or documents
Court	Brisbane Magistrates Court
Plea	Guilty
Case	The worker was charged failing to notify the insurer of an engagement in a calling and providing false and misleading information in 2x Notice of Claims for damages.
Facts	The worker made two separate claims for statutory benefits, the first arising out of injuries sustained on 3 August 2012 and the second arising out of injuries sustained on 11 October 2013. In relation to the first claim, the worker lodged an Application for Compensation on 9 August 2012 and her claim was accepted by the insurer on 14 August 2012. The worker was off work for several months and then returned to work on a gradual basis from January 2013. The worker's claim ceased on 15 September 2013. It was later discovered that the worker had been employed as a casual driver at an excavator and tip truck hire business from 17 May 2013 to 7 July 2013. She did not disclose this work to the insurer or medical providers. The worker subsequently lodged two separate Notices of Claim for Damages in relation to each of her claims. The worker failed to disclose any income from Bulley's in either Notice. A complaint and summons was filed in the Brisbane Magistrates Court on 12 April 2016 charging the defendant with one charge of fraud, one charge of failing to notify of engagement in a calling and two charges of providing false or misleading information. The fraud charge was withdrawn.
Penalty	$1,500.00 fine
Restitution	Nil
Costs	$10,762.10 (Workers Compensation Regulator's costs)
Common Law rights extinguished?	No
Conviction	Not Recorded
Consideration for Prevention	A worker should not provide false and misleading information to an insurer in relation to their capacity for employment as this may lead to them receiving workers' compensation entitlements to which they are not entitled.