24-02-2021-Southport
| Date | 24 February 2021 |
|---|---|
| Charges | Charge 1 – Fraud (s 533) |
| Court | Southport Magistrates Court |
| Plea | Plea of Guilty |
| Case | The worker was charged with defrauding the insurer by exaggerating their symptoms and capacity for the purpose of obtaining workers’ compensation benefits. |
| Facts | On 18 April 2016, the worker sustained an injury to their neck in the course of their employment as a heavy truck driver. On 20 April 2016, the worker made a telephone claim for compensation with the insurer. During that initial phone call, the worker noted that they had no previous similar injuries. On 26 April 2016, the insurer asked for more information in relation to the worker’s injury. The worker informed them that they had slipped while putting a tarp on the truck and over-extended both arms while falling to the ground. The worker continually denied any history of previous similar injuries or symptoms to the insurer and to multiple medical practitioners throughout their claim for compensation. On 24 May 2018, the worker lodged a Notice of Claim for Damages in relation to the injury they sustained. Throughout the course of the common law claim for damages, the insurer was made aware that the worker had a significant past history of right shoulder and neck pain. This included a spinal injury in 2012, chronic pain in 2015 and numerous accidents. |
| Penalty | 18 months imprisonment, wholly suspended for an operational period of 2 years |
| Restitution | $65,120.27 |
| Costs | $25,000.00 |
| Common Law rights extinguished? | Yes |
| Conviction | Recorded |
| Consideration for Prevention | A worker should be truthful to the insurer and medical practitioners about their pre-existing medical history. |