23-07-2021 Brisbane
| Date | 23 July 2021 |
|---|---|
| Charges |
|
| Court | Brisbane Magistrates Court |
| Plea | Plea of Not guilty |
| Case | The worker was charged after surveillance footage was captured showing them carrying out work beyond what they had claimed to be capable of in their common law claim for damages. |
| Facts | On or about 29 September 2014 the worker made a claim for compensation to WorkCover for an injury to their lower back sustained on 20 September 2014. The claim was finalised on 23 March 2015. The worker signed a Notice of Claim for Damages (NOC) on 21 July 2016 claiming ongoing symptoms form their workplace injury. In their NOC and a later court document signed on 28 July 217, they claimed they have been working up to 12 hours per week in a sedentary administrative role for their spouse's wedding business and that they were unable to do any more physical work than administration. On 12 October 2017, the worker told an occupational physician during an assessment for their claim that they worked in administration for their spouse's wedding business. Surveillance was carried our between 2 March 2017 and 20 April 2017 and again between 28 and 30 September 2017, showing the worker carrying out activities for the business far beyond sedentary level including carrying large tables, sofa, and items of furniture and jumping in and out of a truck. |
| Penalty | Charge 1 - 6 months imprisonment wholly suspended for 2 years Charges 2-3 - convicted, not further punished |
| Restitution | Nil - attempted fraud only |
| Costs | $28,330.17 |
| Conviction | Recorded |
| Consideration for Prevention | Workers must be honest with insurers and medical practitioners about their capacity for and engagement in work. |