20-01-2017-Brisbane
| Date | 20 January 2017 |
|---|---|
| Charges | One charge of fraud Two charges of providing false or misleading information |
| Court | Brisbane |
| Magistrate | Anne Thacker |
| Plea | Guilty (to all charges) |
| Case | For claiming workers' compensation benefits for an injury that was not sustained in the course of his employment |
| Facts | On 9 September 2015, the worker lodged a claim for compensation for a fractured left leg sustained on 8 September 2015 when he allegedly fell down stairs at his workplace during the course of his employment as a labourer for Visy Board Pty Ltd. The claim was accepted on 18 September 2015 and the worker underwent surgery on 19 September 2015. On 29 September 2015, the employer obtained CCTV footage that did not support the worker's version of how the injury occurred. On 7 October 2015, the employer asked the worker again to describe how his injury occurred and he said he slipped on the stairs. On 13 October 2015, the worker advised the insurer that he “basically just slipped down the stairs hit the bottom and leg out to save myself on awkward angle; on the 4th or 5th step so wasn't very high”. He was provided a warning about providing false and misleading information and asked if this information was true and he replied that “yes it is true”. On 15 October 2015, the worker and his Union representative attended a meeting with the employer. The worker reiterated his version of events and marked the point where he fell on images of the stairs in question. He was then shown the CCTV footage. The worker changed his story and said he fell while retrieving safety glasses from the skip bin under the stairs. Further discrepancies were highlighted and the worker was provided a warning about providing false and misleading information. The worker later stated that he had climbed into the skip bin to retrieve DVD's he had placed in the skip bin earlier in the day with the intention of collecting them later. The employer advised the worker that he was stealing the DVD's as they were property of the employer and that he had made a claim that he knew to be false. He was summarily terminated for gross misconduct and fraud. On 16 October 2015, the insurer ceased the claim for compensation. A Complaint was filed on 23 August 2016. |
| Penalty | $6,000.00 fine |
| Restitution | $9,956.25 |
| Costs | $10,101.33 |
| Conviction | Not Recorded |
| Consideration for Prevention | A worker should not provide false and misleading information/documents to an insurer to claim for compensation for which they may not otherwise be entitled. |