|14 March 2022
Charge 1-3 – s 534(2) x 3 – making false or misleading statements
|Southport Magistrates Court – Magistrate Balic
Guilty to all charges
The worker gave false or misleading information by failing to disclose relevant pre-existing medical history to the insurer and medical specialists.
On 28 August 2018, the worker lodged an application for compensation with WorkCover Queensland for an injury they sustained on 25 July 2018 to his lower back and neck while working as a labourer.
On 10 September 2018, the insurer accepted their claim for compensation and commenced paying applicable benefits, backdated to 31 July 2018.
On 15 October 2018, the worker attended a consultation with a Neurosurgeon for an independent medical examination. During that consultation, the worker denied any medical history pre-dating the work-related injury and said that they had no pre-existing symptoms of back pain pre-dating their workplace injury.
On 20 August 2019, the worker attended a consultation with an Occupational Physician for an independent medical examination. During that consultation, the worker denied any history of back or neck pain.
On 13 December 2019, the worker attended a consultation with a Consultant Psychiatrist in anticipation of their Notice of Claim for damages. During that consultation, the worker stated they have no prior medical or surgical history.
On 16 December 2019, the worker’s claim for compensation was closed.
On 24 January 2020, the defendant signed a Notice of Claim for damages in respect of the workplace injury sustained on 25 July 2018.
Investigations revealed that prior to the worker’s workplace injury on 25 July 2018, they sustained multiple injuries related to their back and had been treated for same. They failed to disclose these injuries to the insurer or any of the treating professionals they attended during their claim.
Charge 1 – $1000 fine
|Common Law rights extinguished?
|Consideration for Prevention
Workers must be honest about their pre-existing medical history.