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Case 25

On 31 July 2008 the worker lodged an Application for Compensation for an injury for post-traumatic stress disorder which occurred on 24 May 2008 in a work related incident. The claim was accepted for Post Traumatic Stress Disorder – Sexual Harassment and weekly benefits were paid for loss of wages and medical expenses from 28 January 2009 to 18 July 2010. The Employer, a mining company, became aware that the worker had been working for another mining company and advised WorkCover. Investigations found the worker was working from 19 April 2010 to 1 July 2010 and had failed to notify WorkCover.

The worker was consequently charged with one charge for return to calling and six charges for providing false and misleading information to WorkCover. On 11 October 2011 the worker pleaded guilty and was given a nine month wholly suspended sentence for an operational period of 12 months with a conviction recorded and ordered to pay restitution of $26,822. The worker had lodged a common law claim to which her rights were then extinguished.