Case 45

On or about 24 November 2010, the worker lodged a claim for a cut knee and waist, and strained knee which he allegedly sustained on 23 November 2010 when he was hit by a car. The claim was accepted and compensation was paid for the period 24 November 2010 to 2 March 2011 totalling $14,280.

CCTV footage was obtained from the shopping centre where the alleged injury occurred sometime later when the Customer Advisor became suspicion about the event. The footage showed the worker walking across a pedestrian crossing and almost getting hit by a car. He managed to swerve out of the way. The footage also showed the worker walking backwards and forwards across the pedestrian crossing and looking up at the CCTV cameras before entering the shopping centre where he lodged an incident report. At no time was the worker hit by a car. The worker intended to and did, by his false allegation, induce WorkCover to pay compensation when he was not entitled to same.

On or around December 2011 the worker was charged with defrauding WorkCover and he pleaded not guilty and the matter proceeded to trial on 29–30 April 2013. The Magistrate handed down her decision on 23 September 2013 however the worker ran from the court. A warrant was issued for his arrest and he was not taken into custody until 23 January 2014. The worker was sentenced on 28 January 2014 where he received a partial term of imprisonment (one month) and five months wholly suspended. He was ordered to pay restitution of $14,280.14 and significant costs.