Five months in prison for nearly $78,000 in WorkCover fraud

Sentencing the man in Brisbane Magistrates Court, Magistrate Joseph Pinder found his offending serious, intentional, sophisticated and considered. The magistrate also took account of his early guilty plea, lack of criminal history and remorse.

The man injured his right arm at work in late April 2018, and his workers’ compensation claim was accepted on 28 May 2018. He was certified fit for suitable duties from 12 June 2018 and began working for a host employer in August 2018, with the insurer paying his wages.

In February 2019, he took paid work with another employer without notifying the insurer and arranged for his wages to go into his wife’s bank account. After starting that job, he submitted false timesheets to the insurer on three occasions, presenting them as records of work for the host employer. On 26 April 2019, he also told a specialist doctor he was working in the host employment program, and the insurer continued paying weekly compensation.

In May 2019, he told the insurer he had been looking for work but was finding it difficult because he did not yet have full clearance. On 7 June 2019, he again said he was seeking employment but was concerned his symptoms would prevent him from working. He received medical clearance for his pre-injury duties on 4 July 2019. The next day, he told the insurer he appeared to have a job, and in October 2019 said he had recently started a new job.

After his claim closed, the man sought a permanent impairment assessment to obtain lump sum compensation. He did not disclose to the assessing doctor that he had worked during the claim. He accepted the lump sum offer on 8 January 2020.

The man earned more than $48,000 from the undisclosed job over about five months during his statutory claim. The Workers’ Compensation Regulator argued that the fraud was financially motivated and that the offending, which spanned 11 months, was sophisticated and calculated.

The regulator pointed to the false timesheets and the arrangement to pay wages into his wife’s account as steps taken to conceal his employment while continuing to receive compensation.

Workers’ Compensation Regulatory Services Executive Director Janene Hillhouse said: "We do not hesitate to take legal action when workers' compensation laws are broken". She said prosecutions deter potential offenders and help protect the integrity of the workers’ compensation scheme, whose purpose is to balance the needs of workers and employers.