Case 41

On 3 March 2008 the worker, a real estate agent, lodged an application for compensation for an injury to his left shoulder following a fall at a property that he was showing to prospective buyers.

The claim was accepted and compensation and benefits were paid between 6 February 2008 and 28 October 2008. The claim was finalised as a result of the worker advising WorkCover that he had returned to worker with his pre-injury employer.

The worker then pursued a common law action against the owners of the property, where he sustained the injury. When the civil trial concluded the Supreme Court subsequently referred the case to WorkCover advising that during the trial, evidence had emerged that may warrant further investigation.

Following further investigation, it was revealed that the worker continued to work as a real estate agent throughout the statutory claim.

The worker was charged with one count of fraud and several charges of providing false and misleading documents and/or information to WorkCover and registered medical practitioners.

On 17 October 2013 the defendant pleaded guilty. The Court considered that a penalty of a fine of $3,000 was appropriate with no conviction being recorded. He was ordered to pay restitution of $26,653 and significant costs.