Further to our article titled “IME doctors – is their job dangerous? “, we forgot to mention that not only (notoriously biased) IMEs are being ‘threatened’ by (often rightly) disgruntled and enraged injured workers, but also workcover lawyers, defense lawyers, barristers and even some judges. Some injured workers have also targeted their utter frustration, desperation and rage at their (pre-injury) employers.
Whilst our previous article highlighted the real potential for ‘notoriously biased’ independent medical examination doctors (IME) to be verbally and/or physically threatened with (bodily) harm by enraged/disgruntled injured workers, we have also heard from (understandably) utterly-frustrated injured workers who have targeted their (pre-injury) employer(s). For example in 2008, an injured worker plotted to blow up Coles (his employer).
Recently he The Western Australian published an article about an enraged injured worker (litigant) who was abusive and threatened to harm a (defense) barrister, as well as a Judge during his workcover-related tribunal hearing.
All we can say is that we UNDERSTAND this [behaviour], even though we DON’T endorse it.
Angry SA litigant spared jail over abuse
By Margaret Scheikowski
December 9, 2014, 1:31 pm
An enraged litigant who threatened to harm a barrister during a tribunal hearing has been spared jail and put on a bond banning him from being abusive in any legal hearing.
M (the injured worker – why name him for heaven’s sake!?) was described as being purple-faced when he yelled:
“And if he gets up, I will f***ing stand on my feet and will knock him down”.
The now-55-year-old, who had been involved in various claims against WorkCover for more than a decade, had been representing himself at an Adelaide Workers Compensation Tribunal hearing in October 2011.
A District Court jury later found him guilty of two of three aggravated charges of threatening harm at the hearing, but the Court of Criminal Appeal later overturned one count.
Those charges involved him saying
“I know where you live”
and telling the judge:
“I wish you’d have a heart attack between now and then and then we can have f***ing justice done once and for all”.
On Tuesday in the District Court, Judge David Lovell suspended a six month jail term, placing M (the injured worker) on a three year good behaviour bond.
He ordered the injured worker not to behave in “any offensive, threatening, abusive or insulting manner” during any judicial proceedings.
“You have had a very longstanding disagreement with WorkCover,” the judge said.
“You believe very passionately that they have treated you unfairly and you have also had trouble in the past with those lawyers acting for WorkCover.”
The judge accepted that the injured worketr gets frustrated in his legal dealings, but said he was capable of controlling his emotions.
“During the time I have had to deal with you throughout the trial and the sentencing process you have generally been polite and respectful towards me.”
He also cited material which showed that, outside of his longstanding WorkCover problems, the injured worker had much ability and was well liked.
A must read: a word about criticising judicial officers or the judicial process and defaming Judges –Any publication or comment which offends the dignity of the court is criminal contempt of the Court
[Article dictated by WCV and manually transcribed by WCV3 on her behalf]