12-06-2023 Southport

Charge 1 – s 533/535 Workers’ Compensation and Rehabilitation Act 2003 – Fraud
Charge 2 – s534 Workers’ Compensation and Rehabilitation Act 2003 – Providing false information
Charge 3 - s534 Workers’ Compensation and Rehabilitation Act 2003 – Providing false information

Guilty to charge 1 only
Charges 2 and 3 discontinued

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.

The worker was employed as a Frozen Goods Manager when they slipped and hurt their knee. The worker lodged a workers’ compensation claim which was accepted.  Some months into the claim, they commenced work as a truck driver for another company.  They didn’t advise the insurer of this work at the time.  The worker also continued to attend on their General Practitioner to obtain Work Capacity Medical Certificates which certified them unfit for all work and provided those to the insurer. They did not tell their GP they were working as a truck driver. They also attended a medical specialist for an independent medical examination and did not tell the specialist about the work.

When the insurer became aware of the work and asked the worker to provide details of all income received, including payslips, the worker lied and said they had started in the role approximately six weeks after they actually commenced work as a truck driver.

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

A worker should tell the insurer if they return to work during their claim. A worker should be honest about their capacity for work when talking to the insurer and doctors.