Common Law claim exposes fraudulent worker

We were recently successful in prosecuting a University of Queensland worker for fraud after medical records obtained in a Common Law damages claim revealed the worker's medical history contradicted their original claim.

As the independent statutory authority of workers' compensation in Queensland, it is part of Q-COMP's role to investigate and prosecute suspected fraudulent workers' on behalf of self-insured employers.

In this case, after a claim for a shoulder injury was accepted, the worker filed a Common Law damages claim. As part of the claim's investigation, medical records revealed that the worker had not disclosed an extensive history of shoulder pain.

Q-COMP was successful in prosecuting the worker in relation to the six charges in the Magistrates Court at Ipswich before Magistrate Daley on 16 June 2008.

The worker filed an appeal of the fraud conviction as per ss.533 and 534 of the Workers' Compensation and Rehabilitation Act 2003 on 8 August 2008,however the decision to dismiss the worker's appeal was handed down in the District Court in Brisbane on 4 December 2009.

On 1 February 2010 at the District Court in Ipswich, Judge Richards made orders against the worker including a $1000 fine imposed to be paid within 12 months, a recorded conviction, $13,868.05 restitution costs (claims costs) to be paid within five years and $10,000 professional and investigative costs to be paid within 12 months.

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Common Law claim exposes fraudulent worker

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