Brisbane 27 April 2023

The worker sustained a back injury at work on 1 November 2020. He made a claim, which was accepted, and remained off work until the end of his claim on 19 November 2021.

In September 2021, the worker joined a baseball team. He commenced playing games for the team on 10 October 2021.

During the period he was playing baseball, he told a GP, a neurosurgeon, a physiotherapist, and multiple WorkCover employees that he had unchanged pain, he needed assistance with home duties because he was too impaired to complete them himself, he was unable to return to work and was suffering severe pain. At no point did he disclose he was able to play baseball and was in fact doing so.

Following a tip-off made to WorkCover, surveillance was obtained which showed the worker playing baseball. When confronted, he denied playing any games. He was pressed and eventually admitted to playing one game, but denied playing any other games. This was contrary to the evidence.

Even after becoming aware that he was being investigated for fraud, he persisted in dishonesty by admitting only to a reduced period of playing baseball.