Case 27

On 28 August 2009 the worker allegedly slipped and fell on a wet floor after taking hold of a live wire and was electrocuted. The claim was accepted for electric shock and soft tissue injury to left arm, shoulder, chest and lumbar spine. Compensation was paid from 29 August 2009 to 30 April 2010.

After the Neurologist raised concerns over the worker's strange behaviour, investigations were conducted and found the worker active outside his restrictions.

Video footage was shown to the Neurologist and he found that it was in complete contrast to his findings and said the worker had exaggerated his symptoms and functional capacity to him. The claim was ceased on this basis. The treating General Practitioner and treating Psychiatrist changed their opinions and agreed they had also been misled.

The worker was charged with defrauding WorkCover on 25 November 2011 after a two day trial. The worker was found guilty of one charge of fraud and three charges of providing false and misleading information. He was sentenced on 2 December 2011 for eight months for the fraud charge with a ten week term of imprisonment to be served and the remaining time wholly suspended for an operational period of 18 months and four months wholly suspended for each of the false and misleading charges. He was ordered to pay restitution of $26,303 and significant legal costs, due to the trial.