A couple of days ago, our anonymous “insider” [a former Allianz case manager] kindly responded to our questions about workcover surveillance and what it is they are really looking for, or hoping to find when they put injured workers under surveillance…
Workcover surveillance – what are they really looking for?
Fact is, says the former Allianz case manager, many workcover case managers will use surveillance on many injured workers “to get an actual glimpse of what the injured worker is up to on a day-to-day basis”. The main reason surveillance is used for, is of course, to defend a claim, to mitigate liability, to deny (further) benefits and/or to close a file. However, sometimes surveillance can yield no valuable results towards an “action” on a”case’.
Our “insider” tells us that s/he was trained to know what to look for in the surveillance footage and how to use the footage to his/her [Allianz] advantage, obviously in order to assist with the defense of an injured worker’s claim.
What they are really looking for in the surveillance footage
Consistency of objective evidence of an impairment/disabilityOne of the main things a case manager will have to look for in surveillance footage is consistent and objective evidence of an impairment/disability. Consistency is key.
The case manager will look for example at the way the [injured] worker is walking, are they limping? Are they using a cane? Crutches? Other supportive devices? If they suffer from a shoulder injury, are they wearing a sling? Are they able to use their arm, i.e. to remove the mail from the post box? Basically the case manager will look if the worker is actually as impaired or disabled as claimed by their treating doctor(s)/physio/rehab provider.
Remember, says the former case manager, that case managers use a guide which shows the expected recovery time of each injury, and if an injured worker does not “recover” within those set time frames, usually surveillance will be recommended! [How sick, being medically trained I believe we're all unique and we all heal differently!].
The former case manager tells us that it is- however- important that the “overall way an injured worker is moving be assessed” and that, contrary to popular belief, “having some actual 10 second surveillance footage of an injured worker doing something they should not be doing does not mean it works in the case manager’s advantage”. We all know some private investigators are known to use extremely dirty tactics in order to capture those famous 10 second video shots.
A typical and common example would be an injured worker who claims to suffer from a knee injury. Surveillance footage shows that the injured worker, when shopping at the local supermarket, was walking normally, without a limp, without crutches, cane and/or other support. Then, at a scheduled independent medical examination (surveillance is very often used at IMEs), we suddenly see the same injured worker walking with a very noticeable limp, and/or with assistive devices…
However, the former case manager says that “still this may not be sufficient evidence as the injured worker may be able to claim that s/he had a good or a bad day that day”. “That’s why it is so important to have multiple days of surveillance“.
In a typical “fraudulent” case surveillance would then be able to show that the “injured worker” only appears to be impaired or disabled around a medical place (i.e. independent medical examination, doctors appointment etc), and in this case there may be a decent case for a defense, says the former case manager.
Are crutches being used? Is a cane used? Are they actually used and used correctly?Our insider tells us that case managers will also look at the surveillance footage to see whether, for example, if a person has a leg injury, and crutches or a cane have been prescribed, they are using these correctly [WTF!]. Apparently there are many injured workers out there using canes or crutches incorrectly… Now, now, we do wonder how on earth an uneducated, non-medically trained case manager is able and even allowed to make a judgement on whether someone is using their cane or crutch correctly, duh?
Well, our “insider” tells us that case managers will pick up on surveillance footage, for example, if an injured worker is carrying their cane or crutch, when walking [and thus not using it]. This apparently means that the prescribed cane/crutch is not helpful to the injured worker! Wow… we just wonder about those poor injured buggers who are trying to make an effort to walk without assistance, but still need the “assurance” or “security blanket” knowing that they have their cane/crutch/whatever in hand, should they need it!
Hell, after one of my shoulder reconstructions whereby I had bits and pieces taken from my right leg and transplanted in my right shoulder, I found myself in a sling for 3 months and on 1 crutch (as I was unable to use 2) for 6 weeks… Now YOU try and hobble with a crutch whilst your right arm is in a sling… correct…. 
Now, obviously if an injured worker only uses a cane or crutches in the vicinity of a medical facility (i.e. IME), and, for example, after leaving the IME, just tosses the cane/crutches in the boot of the car, is then tailed by a private investigator and filmed not using the cane/crutches when s/he arrives home… and not when s/he walks around the next day and the day after that, yeah, sure, maybe that warrants “further investigation”.
Is the injured worker following medical restrictions?Another “great piece of evidence” is obtaining video surveillance from the injured worker breaking their prescribed medical restrictions, says the former case manager. This can include, for example, lifting and carrying [groceries] more than is allowed by the doctor, bending, exercising etc. If your doctor states that you should not be on your feet longer than needed but we see you hiking, surfing, swimming etc, this will be held as evidence against your claim.
There have been cases where injured workers’ video surveillance footage was used as enough evidence to settle claims at a fraction of the cost [compensation], or enough so the injured worker gives up and does not pursue his/her claim any further.
Further reads
- workcover and private investigators the truth
- worksafe spends 15 million on secret surveillance on injury victims
- a workers compensation private investigator tells it all
- how workcover insurances use surveillance to deny a workcover claim
You can find more surveillance articles by typing the keyword “surveillance” into the search box [and wait for results to come up in a blue box... ]
http://aworkcovervictimsdiary.com/?p=7655
The system is adversarial to an extreme and they wonder why injured workers don’t trust anyone.So much time, energy and yes vast amounts of money is spent on trying to deny claims that little is left over for injured workers (insurers do alright though). And they wonder why these schemes are running huge deficits.
http://aworkcovervictimsdiary.com/2012/04/workers-compensation-time-to-take-a-stand/
“The current assumption is to treat all claims as though they are fraudulent rather than improving the system to detect the small amount of claims that fall into this category”
Regarding surveillance, has anyone obtained information from WorkCover NSW on:
* Dollars spent on surveillance by each of the seven scheme agents and by the agency itself; and
* The number of times surveillance was requested by each of the seven scheme agents and by the agency itself.
It would by nice to see such information, say, on a month-by-month basis over a period of 3 years (to review trends).
Then it would be interesting to see how many times that survaillance resulted in the prosecution of someone. I bet that there are near zero prosecutions.
Who is going to ask? gipa@workcover.nsw.gov.au
To anyone who does ask: Remember to think carefully about what you ask for as WorkCover’s Spin Team (aka the Executive and Ministerial Services Unit) will make some spurious claim about why you shouldn’t access that information.
Maybe we can track progress here?
I’m raising these very questions with anyone who will listen. It is certainly a very strong line of questioning that desperately needs to be taken. Along with the killer margins and zero risks insurers get in the whole bargain with WorkCover.
So many holes, not many answers I bet!
I should add that my name has gone on a testimony listing – so hopefully, I can report from the front lines.
MAKE NO MISTAKE ,EMPLOYERS MUTUAL LIMITED THE AGENTS FOR WORKCOVER CORPORATION ARE TOTALLY CORRUPT : I HAVE RECORDED MEETINGS AND ACTUAL EVIDENCE TO SUPPORT MY CLAIM .
i have every single step by step evidence to prove every way they are corrupt and even have the case manager recorded admitting they knowingly break the laws and hold us injured australians totally and knowingly held accountable for their actions and inactions ,even when proven wrong in the kangaroo court aka WORKERS COMPENSATION TRIBUNAL .
I HAVE THE WCT JUDGE ADMITTING THE SYSTEM IS ARTIFICIAL AND ARITHMATICAL AND NOT REAL !!!! HE GOES ON TO SAY THE WCT HAS NO LEGAL JURISTICTION TO MAKE LEGAL DECISIONS .
I have evidence of coverups , evidence they paid off 2 seperate lawyers and so much more .
I have witnesses who will testify .
But workcover dont want to know me , they removed me from my emloyment , they then removed me from payments after sending me to 1 job interview which i had no qualification for and was not aloud to undertake medically ( surgeon and gp and physios and specialists) .
They then took money from my account ($25,005.30 ) and paid off another persons debts ( fraud and theft ) i have written proof .
This Workcover system is totally corrupt and they dont want me to show all australians the truth . I HAVE IT ALL FULLY RECORDED !!!!!!
EVEN THE TRIBUNAL RECORDED !!!!!
THE WORK COVER SYSTEM WILL BE SHUT DOWN AS SOON AS PEOPLE SEE MY EVIDENCE !!!
GREG HAYWARD — PS IM NOT HIDING MY NAME AS I HAVE THE TRUTH - WORKCOVER AND EMPLOYERS MUTUAL LIMITED WONT COME FORWARD .
YES WORKCOVER I WILL NAME AND SHAME YOU ALL !!!
Dear Greg, good on you for sharing this with us – indeed, if you have evidence of wrongdoing you are legally allowed to name and shame anyone involved, without fearing for example a threat for defamation or other forms of intimidation. We applaud you for standing up and YELLING out – Erin Brockovich will be smiling reading this!
You are welcome to share your story with us (i.e. via email) or via share your story page and we could publish it or parts of it (after running it past our lawyer to make sure we’re not doing anything “wrong”). We love nothing more than help you kick those butts!
Thanks again!
I hereby challenge ANY , ANY , ANY workcover corporation ceo,director or Employers Mutual Limited ceo/director TO GO LIVE ON TV and let the Australian public decide if you are corrupt or not .
ME vs Workcover Corp /Employers Mutual Limited ?
I will bring all evidence for all to see , all recordings , all medical reports and documentation , all EML /workcover letters ,emails
THE LOT
LETS GO !!!! Oh anyone who wishes to support me in the fight against workcover corporation and Employers Mutual Limited
Email me : Snr_sgt_tackleberry@hotmail.com
Lets all get together (victims of woorkcover ) and go live on tv !!!!!!!
I have permanent injuries and workcover have sent me to only 1 job interview in 5 years , remember it was for a job i am not legally qualified to do and not medically approved to undertake . My injury date 8th dec 2009 — to the present date 8th may 2012 workcover has refused all assistance to me and never offered me employment even though i completed a totally approved workcover course 9th april 2009 ( over 3 years ago) my pre injury employer had 3 potential positions but neither they nor Employers mutual limited ever offered me these positions . I have 5 dependants and on minimal pay and at 80% rate . EML refuse still to return me to designated and qualified duties .
We Permanently injured Aussies are simply left for dead by this corrupt system (scheme ) designed to destroy everyone who is injured . The WORKCOVER SCHEME IS AS SUCH ( TO APPEAR TO ASSIST WITHOUT ACTUALLY ASSISTING ). The WCT IS A KANGAROO COURT AND THE JUDGES ARE SIMPLY CLASSED AS A QUASI JUDGE ( APPEAR TO BE A JUDGE BUT NOT QUITE ) , THE WCT IS SET UP TO APPEAR AS A REAL COURT , But you wont get the answers there , no sides are ever sworn in , no evidence will be allowed and no witnesses allowed . Then EML will never produce evidence themselves , they simply dont have too as it is not a proper or real court to begin with . EML also have the trick of the Medical PANELS . S.A , Now i have their very own folders that they sent the medical panels . You will find they never sent over a year of medical reports and they never mention your restictions or limitations . This is to ensure you are never fairly judged by the medical panels as they are not given all the information to make fair and proper judgement . This system is used over and over again . I have kept everything and i can produce all the evidence needed to prove the WORKCOVER SYSTEM IS KNOWINGLY CORRUPT AND ACTING ILLEGAL . Workcover corporation and Employers Mutual Limited are guilty (in my case ) of failing in duty of care , ASSUALT IIED AND NIED (INTENTIONALLY INFLICTING EMOTIONAL DISTRESS ,NEGLIGENTLY INFLICTING EMOTIONAL DISTRESS) , FRAUD,THEFT, DISCRIMINATION AND DEFAMATION .
I hold so much evidence that they refuse to answer me ,respond to me , contact me .
Mr Greg Hayward .
EML case manager states (even when proven in court that they are breaking the law , we australians will be held accountable for their knowingly wrong actions and they will continue to enforce the same tactics .
EMPLOYERS MUTUAL; LIMITED APPEAR TO BE ABOVE THE LAW .
Hi Greg
Are you located in Vic or NSW? If you are in NSW you might want to take your allegations to Greens member:
david.shoebridge@parliament.nsw.gov.au
David is especially passionate about these issues.
Kind regards
John Mc
Hi ,
Yes im from SOUTH AUSTRALIA .
What im looking for is everyone to get together and take Workcover on !.
I am disgusted at the way ive been treated and so too others .
I agree it is time to take a stand across the country. These (refer below) might help you put the issue into perspective – the system is driven by many faulty assumptions and myths and is indeed corrupt all of which need to be challenged.
Kevin Purse at the Uni of Sth Aust is an expert in this area and he may be able to give you some guidance: http://www.unisanet.unisa.edu.au/staff/Homepage.asp?Name=kevin.purse
Recent posts:
http://aworkcovervictimsdiary.com/2012/05/workers-compensation-is-a-heartless-system/
http://aworkcovervictimsdiary.com/2012/05/it-is-workers-not-employers-who-overwhelmingly-bear-the-costs-of-workplace-injuries/
http://aworkcovervictimsdiary.com/2012/04/workers-compensation-time-to-take-a-stand/
Greg, we are happy (aworkcovervictimsdiary.com) to come along and support you 200% – Erin Brockcovich has also recently urged ALL injured workers who have been ill treated by their insurers to come forward and YELL (re-read what she had to say to me, please).
We too are utterly sick and tired from the way so many injured workers (including myself – aka workcovervictim – aka Lisa) are and have been treated and want to put a stop to it. We believe (and so does Erin) that the only way to do this is to EXPOSE the real workcover for what they are, by publishing hard evidence, via media, TV, ANY means possible – but injured people need to stand up and YELL. Silence is NOT an option and, if you have read Erin Brockobich’s words to me, there is no such a thing as “workcover reprisals” or needing to be “scared” of your CM or insurer! In fact by YELLING, the insurance companies will start being scared of you and watch their every single moves.
In SA you can (and I urge you to) contact the W.I.R.C run by the well known and highly connected Rosemary McKenzie-Ferguson (see article). Rosemary may be able to give you additional advice and leverage on how best to approach media etc…
Work Injured Resource Connection
P.O. Box 17,
Welland,
South Australia, 5007
Ph: 08 8410 0121
wirc@bold.net.au
Please keep us posted and let us know if you’d like us to publish some of your documents! We would love nothing more than to kick some bad butts!
Thankyou for the advise , i will be following this up .
I just want every Australian Family protected once and for all . Our Families are being ripped apart by their very actions .
I urge everyone to voice as one , until we do – nothing will be achieved .
Lets all stand together and bring these corrupt schems to a close .
Workcover corporation is not being held liable in any way , they even have a written clause to exclude themselves from defamation litigation.
But i insist they are guilty of not aatempting to pervert the course of justice but they in fact perverting the course of justice and knowingly so , this can be proven with my recordings !!!!
Update : From Greg Hayward
I went to the WCT 3rd may and stated that i have only been offered one job interview for a job i was not medically fit or allowed to do , a job that i was not qualified for nor legally allowed to undertake before Employers Mutual Limited cut me from payments and forced me onto disability payments 16th sept 2010 . I was injured 8th dec 2007 (almost 5 years ago ) and completed a qualification 9th april 2009 but i have never been offered that position in any capacity . On the 3rd may i again asked for section 58B of the workers compensation act to be enforced as it is my only option . I was told by the (JUDGE) that my case is in the hands of the gods , that the workcover scheme is artifical and arithmatical and not the real world , He claimed to have no authority to enforce section 58B which is that designated duties must be offered if an injured worker cant return to pre injury duties . Section 58B was designed to assist us injured workers and we have the right to be offered employment over any other person , and if a job position isnt available it may be made up to suit the injured persons needs . Employers Mutual Limited are guilty of the following in my particular case . 1. Discrimination under D.D.A 2. Defamation ( they wrote that i was suitable for employment and cut me off payments even though i was not medically fit or allowed medically to undertake , not qualified or legally aloud to undertake those duties ) . They admit in a fully recorded meeting they are knowingly breaking the laws of australia and that i am knowingly held accountable for their wrongful actions even if they are proven wrong in court they will continue to hold me accountable no matter what . They are guilty of ASSUALT ( intentionally inflicting emotional distress and negligently inflicting emotional distress ) These are known as IIED and NIED .
The WCT was not interested in my evidence of corruption , not interested when i named other accounts(debts to another person) that were paid from my account . They are not concerned that i have no current rehabilitation and return to work plan . The fact is they have acknowledged suitable employment 18/1/2010 but have never offered me the position and still today refuse to offer it to me as they said it means i am to earn a wage higher than pre injury hourly rate of pay . The Judge at adelaides WCT has closed my files and i still have not been given any firm assurance that i will be offered my only qualified position now or in the future . This system is designed to rip apart families and it isnt our fault when we are doing our job and representing a company when injured . This whole system is making me physically ill and im now diagnosed with major depression due to the actions of workcover ( yes the actions of workcover ). I do rely on medications now and have been kicked out of 2 houses ,lost 1 daughter already forever (because when they removed my payments i couldnt afford the maintenance and i lost her ) ( i am still paying maintenance now until my daughter is 18 even though i know i will never see her again,never get a letter ,a phone call (nothing ). Thank you workcover , you are seriously killing me . I have it in writing by the judge that workcover CANNOT force you to work for another employer doing a different job as that is straight out SLAVERY . What hurts more is the fact that this government is allowing workcover scheme to continue . YET WORKCOVER IS IN A WIN WIN WIN WIN SITUATION .
1. GOVERNMENT GRANTS AND PERKS /BONUSES AND PROTECTION
2. THEY GET MONEY FROM FINING EMPLOYERS
3. TAXATION BENIFITS
4. NO LIABILITY OR ACCOUNTABILITY NO MATTER WHAT THEY DO TO US .
This simply must stop !!! I am the little guy but i have offered both the CEO OF EMPLOYERS MUTUAL LIMITED AND THE CEO OF WORKCOVER CORPORATION to go live on tv with me to show evidence and discuss my case and the cases of others , they simply refuse too .
Employers Mutual limited have other tactics – i hold the full evidence that they do not send the entire reports and medical information to medical panels so you can be judged fairly – in my case over a whole year of medical reports are missing (yep i have it hear in writing for proof ). Notice they never document or report all your limitations and restrictions !!! especially on a rehabilitation and return to work plan , this is so you are seen to be able to work even though your limitations and restrictions in place actually mean you cant do the duties they want you to undertake . EML also are not afraid to write false reports as i have clearly here , they were caught out by my surgeon,gp,physio,and specialists who all wrote statements to verify i have permanent injury which means permanent restrictions and that eml were guilty of defamation to me . I have a workcover group certificate that proves i was underpaid ( so underpaid 1 year that it is lower than centrelink monies ). But again they refuse to answer me on where is my 80% wages . I have been made to pay centrelink over $25,000 even though it was workcover that illegally cut me off payments in the first place . Now with centrelink paid back after tax not before tax , it means my actual income over the following two years in again lower than centrelink wages . The Workcover system is simply designed that we are held and bound by the workers compensation act of 1986 but they are not infact bound by it themselves , double standards absolutely . Workcover Corporation and Employers Mutual Limited are worried , they can put on the smile but as i slowly release my evidence , the people of australia will hopefully unite as one and say enough is enough . BYE BYE WORKCOVER . Corruption is corruption and they are definately PERVERTING THE COURSE OF JUSTICE , Decisions they write can be made on hearsay !!!! this is not in any way legal and or proper . But no one until now has really has the goods on them , I HOWEVER HOLD ALL THE HARD EVIDENCE TO PROVE CORRUPTION ,DEFAMATION,ASSUALT,DISCRIMINATION and more . Im not sure what the minimal wages in australia is but surely they cant pay a person approx $7000 IN A FULL YEAR as my tax statement states from workcover .
EML wont even answer my emails,and wont answer any questions i have .
I wonder why !
To ALL AUSTRALIANS – IF YOU ARE INJURED PERMANENTLY AND CANT RETURN TO PRE INJURY DUTIES – SECTION 58B of the workers compensation act States that designated duties must be offered to the injured worker if they obtain the qualifications and given medical approval to undertake those particular duties if it constitutes suitable employment in any capacity, Subsection 58B(3) States that if the duties of the injured worker has changed due to the nature of the injury the worker must be paid at the new designated duties rate if the rate of pay is higher than the pre injury duties .
G HAYWARD
I HOPE WORKCOVER READS THIS , THEN THEY CAN SEE I HAVE NO FEAR IN GOING PUBLIC , Yes i will be naming and shaming very very shortly . i will be disclosing all details on who did what !!
Feel free to email me your views and thoughts snr_sgt_tackleberry@hotmail.com
Thankyou
At least i get some satisfaction by doing this , they are simply not helping me .
What about those of us (which seems to be almost all of us) who never wanted a workcover claim, but had an accident (or a series of accidents) then found out the employer wasnt insured, and were harrassed and sent to hell and back by the employer, who was helped by the same workcover who was supposed to be helping the worker. The same insurance company who cancelled anything to fix a corrupt workplace, who didn’t fine them, who let them get away with what their injured worker was being put through, who cancelled or messed up any treatment the injured worker needed to make sure they did not recover, etc.
The financial blow out is because they refuse to follow the WC laws. And workers end up more injured, more harmed, not less.
Why wont they just let the worker get treatment and butt the hell out? Because this is a tax payer funded scheme supporting financially every crooked lawyer, union, investigator and doctor in the country. The good ones will have nothing to do with workcover, but injured workers cant even get an appointment with the good ones. So it drags on and on and on.
The Minister MUST start handing down CRIMINAL penalties to those causing these enormous amounts of tax payer money, being fraudulently bled off and passed into the hands of the unscrupulous.
It amounts to theft. Theft from the tax payer.
Wroggle
I refer to it as the ‘moral hazard’.
http://aworkcovervictimsdiary.com/2012/04/workers-compensation-time-to-take-a-stand/
The rationale being used by federal and state governments’ simply cannot justify unfair levels of compensation currently available to injured workers and their families. The failure of worker compensation schemes to adequately provide protections for injured workers and their families has a significant cost to communities and the economy as a whole. The protection of employers from the true costs associated with workers compensation and rehabilitation has led to a moral hazard, in which the downside risks associated with non-compliance concerning the health and wellbeing of workers is minimal. The real failure is clearly related to the failure of current schemes along with the lack of any real accountability by employers for protecting the health and wellbeing of workers.