24-01-2023 Caloundra
| Date | 24 January 2023 |
|---|---|
| Charges | Charge 1 – s 533(1) – fraud |
| Court | Caloundra Magistrates Court – Magistrate Benson |
| Plea | Guilty to all three charges |
| Case | The worker defrauded the insurer by failing to tell the insurer that he had returned to work. |
| Facts | The worker sustained a lower back injury while working as a delivery truck driver. He made an application for workers’ compensation with the insurer, which was accepted. The insurer contacted the worker to discuss his claim for compensation and informed him that he must notify the insurer of any paid or unpaid employment he takes up during the claim. The worker returned to work with a host employer as a warehouse assistant, which the insurer had organised. The worker engaged in full-time work as a delivery truck driver and failed to notify the insurer of this work within ten days while he was receiving compensation. The worker obtained $21,846.82 in compensation payments during his statutory claim as a result of his dishonesty and fraudulent conduct. The worker attended a neurosurgeon in relation to his common law claim for damages. The worker reported that he had not returned to work as a truck driver and was not currently working. In fact, the worker was engaged in work as a full-time delivery truck driver at the time of the appointment. The worker signed a Notice of Claim for Damages and served it on the insurer. The worker made dishonest representations about his employment status and capacity to return to work as a delivery truck driver. He claimed damages for injuries to his lower back and a secondary psychological condition in the amount of $478,086.72. |
| Penalty | Charge 1 – 9 months imprisonment wholly suspended for 2 years |
| Restitution | $28,846.82 |
| Costs | $5,000.00 |
| Common Law rights extinguished? | Yes |
| Conviction | Recorded |
| Consideration for Prevention | Workers must be honest about any work they do if they have an open claim for compensation. |