Abraham and Comcare (Compensation)

This matter concerned an application for workers' compensation under section 16 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act) by an applicant seeking compensation for lower back pain. The respondent was Comcare. The dispute centred on whether the applicant had made wilful and false representations regarding his medical history and prior injuries when lodging his claim. The decision was made by A Poljak SM.

The court was required to determine whether the applicant had made wilful and false representations to Comcare concerning his pre-existing lower back condition and medical history. Specifically, the court had to consider whether the applicant's failure to disclose relevant medical and claim history meant that his condition should not be taken to be an injury for the purposes of the SRC Act, and consequently, whether he was entitled to compensation under section 16.

The Senior Member found that the applicant had repeatedly failed to disclose his previous back injury and significant past medical history to various medical practitioners and specialists after the alleged incident on 11 September 2003. The evidence presented, including reports from Dr S Soliman, Professor Sydney Nade, Dr GJ McGroder, Dr Peter D Stevenson, Dr William Wa, Dr Temer Kahil, and Professor Youssef, indicated that the applicant had consistently denied any prior back injury or significant past medical issues. The Senior Member was satisfied that the applicant knew these statements were false and were made without any belief in their truth, thereby falling within the scope of section 7(7) of the SRC Act.

Consequently, the Senior Member determined that the accepted condition was not an injury suffered by the applicant for the purposes of the SRC Act. As the applicant was not found to be suffering from an injury, he was not entitled to any compensation under section 16. The Senior Member affirmed both decisions under review.