McLean v Workers' Compensation Regulator
[2021] QDC 22 · Rosengren DCJ
This was a criminal sentence appeal, not a personal injury damages claim. Mr McLean, a real estate agent, was genuinely injured when attacked by dogs while visiting a property for work in August 2017 and lodged a workers' compensation claim. He then dishonestly inflated his claim — providing false payslips, failing to tell WorkCover he had returned to work, and repeatedly lying about the extent of his injuries while under surveillance. He pleaded guilty to ten dishonesty charges and was sentenced to two years' imprisonment (for defrauding WorkCover) suspended after six months, plus an order to repay around $261,000. He appealed, arguing the magistrate should have treated the repayment order as reducing his sentence and that six months in custody was too harsh. The District Court rejected both arguments and dismissed the appeal, finding the restitution order was not a genuine mitigating factor and the custodial period was within the proper range.
Incident & injury
Attacked by dogs while visiting a property to sign a contract in the course of work as a real estate agent
- Body regions
- Right hand, Psychiatric
- Diagnoses
- Right hand injury, Adjustment disorder with depressed mood
- Incident date
- 16 August 2017
- Location
- Calamvale, Brisbane
Quick facts
- Date of judgment
- 24 February 2021
- Claim type
- Other
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Occupation
- Real estate agent Sales Worker
Outcome
Appeal against sentence for 10 charges of dishonesty relating to a WorkCover claim (including defrauding WorkCover). The District Court held the magistrate did not err in failing to treat the restitution order as a mitigating factor and that the requirement to serve six months in custody was not manifestly excessive. Appeal dismissed.
Key issues
McLean v Workers' Compensation Regulator [2021] QDC 22
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