21-02-2020-Brisbane
| Date | 21 February 2020 |
|---|---|
| Charges | 1 charge pursuant to section 533 Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA) - Fraud 1 charge pursuant to Section 136 (WCRA) – Failure to notify of an engagement in a calling 5 charges pursuant to Section 534 WCRA – Providing false or misleading information or statements |
| Court | Brisbane Magistrates Court |
| Plea | Plea of Guilty |
| Case | The worker was charged with fraud due to failing to notify the insurer of their return to a calling and providing false or misleading information or statements in relation to this. |
| Facts | In December 2016, the worker lodged a claim for a psychiatric injury which the worker suffered over a period of time in the course of his employment as a Security Guard. The worker's claim was accepted in December 2016 and they received workers’ compensation payments from 6 December 2016 until July 2017. During this period, the worker was certified as totally incapacitated for work. For a short period, the worker was certified as fit for suitable duties, which they attempted but ceased after a short time due to ongoing psychological symptoms. On 31 March 2017, the worker commenced working as a casual security guard on a full-time basis with another business. They did not disclose this work to the insurer. Investigations revealed that the worker had nominated his wife’s bank account for the payment of his wages from his second employer. The worker made a number of false or misleading statements to the insurer and medical practitioners about the work they were undertaking. This included lying about the start date of the work, stating that they had their first week at the end of June 2017, some three months after the worker had commenced work. |
| Penalty | 6 months imprisonment, wholly suspended for an operational period of 18 months |
| Restitution | $19,255.32 |
| Costs | $14,374.74 |
| Common Law rights extinguished? | Yes |
| Conviction | Recorded |
| Consideration for Prevention | A worker should notify the insurer if they perform any activity giving rise to the receipt of remuneration or reward including employment, self-employment or the performance of an occupation, trade, profession, or carrying on of a business, whether or not the person performing the activity received remuneration. |