10-11-2021 Brisbane
| Date | 10 November 2021 |
|---|---|
| Charges | Charge 1 – s 533 – attempted fraud Charge 2 – s 534(2) – false or misleading statement Charge 3 – s 534(2) – false or misleading document Charge 4 – s 534(2) – false or misleading statement |
| Court | Brisbane Magistrates Court – A/Magistrate Silva |
| Plea | Guilty to all four charges |
| Case | The worker attempted to defraud the insurer by overstating the seriousness of limitations caused by the work-related injury. |
| Facts | The worker sustained a neck and shoulder injury when they were assaulted while working as a security guard on 17 June 2018. They made a claim for workers’ compensation, which was accepted, and their claim continued for about 18 months. When the worker’s claim was finalised, they signed a Notice of Claim for Damages (NOC) on 18 November 2019. In their NOC, they falsely claimed that they were unable to perform certain movements with their injured shoulder, including being unable to lift weights, carry shopping bags, raise their arm, and swim. On 23 September 2019 and 10 March 2020, the worker reiterated these claims to two different orthopaedic surgeons they attended on as part of their claim for damages. In fact, the worker had been regularly attending the gym and lifting weights and performing complex movements with their injured shoulder. |
| Penalty | Charge 1 – 12 months imprisonment wholly suspended for two years Charges 2-4 – 3 months imprisonment wholly suspended for two years |
| Restitution | $NIL – attempted fraud only |
| Costs | $12,610.52 |
| Common Law rights extinguished? | Yes |
| Conviction | Recorded |
| Consideration for Prevention | Workers must be honest about the true level of incapacity as a result of work-related injuries. |