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TAS Fraud by Return to Work Employee

Discussion in 'Employment Law Forum' started by burntout, 17 July 2014.

  1. burntout

    burntout Member

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    This matter is situated in Tasmania. There is an injured worker who has both a physical injury and a subsequent stress and anxiety injury as a result of bullying and bastardisation in the workplace concurrent with the physical injury.

    Referring to Worksafe Tas literature ( http://www.workcover.tas.gov.au/__d..._work_-_RTW_Co-ordinator_Presentation.pdf)and from conversations with their officers and other return to work co-ordinators it seems reasonable to expect to be able to trust your return to work co-ordinator, expect that your conversations with them as an injured worker are confidential unless they specifically advises otherwise, and to expect them to support you in your recovery.

    Given the expectations of trust (the expectation that no harm will arise from the relationship), confidentiality (that your interactions are kept in confidence) and support (that this person will help you get back to work as best they can, is it a fraud when you discover emails from them to the managers of your employer who are managing the contestation of your workers comp claims, copied to the insurer, during discovery on documents they intend to use to dispute your claim for compensation. These emails span almost months of what has been now over a year long process.

    There is an expectation based on the literature around the role of that person, supported by the witnessed statements of that person, which the actions give lie too.

    There is an advantage to other parties, namely the employer and the insurer.

    There is damage, pecuniary or otherwise, to the injured worker from loss of trust, increased stress, delayed processes, in this case loss of trust in the psychologist recommended by the RTW person, and then there is the extra legal work dealing with the dishonest behavior.

    This has been taken to the police but their response was that it was a civil matter. The lawyer handling the workers comp matters is not interested saying it is a matter we should take up with the police, Worksafe say on the information we have given them( basically the above) that it is a police matter.

    Questions:
    1, am I correct in describing the above as fraud?

    2, are the employer staff and the insurers staff liable by association?

    3, if yes to the above, how do I force the police to act?


    Cheers
     
  2. Michael T

    Michael T Well-Known Member

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    Hi @burntout,
    Where do you fit into the picture? Are you the employer?
     
  3. burntout

    burntout Member

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    Hi, I am the injured employee's partner.
     

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