Brisbane 27 February 2023

• Charge 2 – section 136 – failure to notify of engagement in a calling
• Charge 4 – section 534 – stating false or misleading information
• Charges 1, 3, 5 and 6 were withdrawn by the prosecution

On 15 October 2020, the defendant made an application for workers’ compensation under the Workers’ Compensation and Rehabilitation Act 2003 (‘the Act’) to WorkCover Queensland (‘WorkCover’) for an injury sustained to his right elbow on 14 October 2020.

The defendant’s claim was accepted, and benefits were paid from 15 October 2020 through to and including 21 May 2021.

From 19 November 2020, the defendant engaged in a calling by performing work for his own solar panel cleaning business. This work included attending residential addresses and performing solar panel cleaning, as well as running a market stall advertising the business. The defendant did not notify WorkCover of those activities.

Further, on 15 April 2021, during a telephone call with a WorkCover Customer Manager, the defendant was asked whether he had any other employment or work during the claim. The defendant stated words to the effect that he has a business he bought with his partner, but he doesn’t do any of the work.

The defendant failed to notify the insurer of his engagement in a calling within 10 business days and stated false or misleading information to the insurer in connection with his claim for compensation.

A global fine in the amount of $1,500.00

$3,750.00 payable to the Workers’ Compensation Regulator

A worker must disclose any work undertaken during their claim and must not make any false or misleading statements about their capacity for work or employment status whilst in receipt of compensation.