Charge 1 – Fraud – s 533, 535 – Workers’ Compensation and Rehabilitation Act 2003
Charge 2 – Failure to notify insurer of engagement in a calling – s 136 – Workers’ Compensation and Rehabilitation Act 2003
Charges 3 to 7 – False or misleading information – s 534 – Workers’ Compensation and Rehabilitation Act 2003

Guilty to Charges 1 and 2
Charges 2 – 7 discontinued

The worker failed to notify the insurer of their engagement in a calling by not disclosing unpaid work they undertook while receiving compensation.

On 15 December 2020, the worker sustained injuries to their neck, right upper limb and right ankle as a result of a physical altercation at his workplace.

On 17 December 2020, the worker lodged a claim for compensation which was accepted. During the claim, the worker was certified not to have any capacity for any type of work.

On 10, 19 and 23 February 2021, surveillance was undertaken of the worker which revealed that they were engaged in physical tasks at a workplace and undertaking truck driving.

The worker failed to disclose this (unpaid) work to the insurer during the period 10 February and 17 March 2021, while also in receipt of compensation for injuries and deemed unfit for all work.

Following negotiations between the parties, the worker pleaded guilty to fraud and failing to notify of engagement in a calling on the day prior to trial and charges 3 to 7 were discontinued.

Charge 1 – Fraud:

• 6 months imprisonment wholly suspended for an operational period of 12 months.

Charge 2 – Failure to notify insurer of engagement in a calling:

• Convicted and not further punished.

Workers must be honest about their engagement in work (paid or unpaid), including self-employment, during their claim for compensation.

Charge 1 – s 533/535 Workers’ Compensation and Rehabilitation Act 2003 – Fraud
Charge 2 – s534 Workers’ Compensation and Rehabilitation Act 2003 – Providing false information
Charge 3 - s534 Workers’ Compensation and Rehabilitation Act 2003 – Providing false information

Guilty to charge 1 only
Charges 2 and 3 discontinued

The worker returned to work during statutory claim and did not advise the insurer and lied to the insurer and doctors when asked about the work.

The worker was employed as a Frozen Goods Manager when they slipped and hurt their knee. The worker lodged a workers’ compensation claim which was accepted.  Some months into the claim, they commenced work as a truck driver for another company.  They didn’t advise the insurer of this work at the time.  The worker also continued to attend on their General Practitioner to obtain Work Capacity Medical Certificates which certified them unfit for all work and provided those to the insurer. They did not tell their GP they were working as a truck driver. They also attended a medical specialist for an independent medical examination and did not tell the specialist about the work.

When the insurer became aware of the work and asked the worker to provide details of all income received, including payslips, the worker lied and said they had started in the role approximately six weeks after they actually commenced work as a truck driver.

Charge 1 – 4 months imprisonment, wholly suspended for 12 months

A worker should tell the insurer if they return to work during their claim. A worker should be honest about their capacity for work when talking to the insurer and doctors.