The need for regulatory response to diagnosis fraud in mesothelioma cases

Australian courts and tribunals allow claimants with pleural plaques to “piggy back” compensation claims for mental health problems. This article contends that Australia is open to an era of diagnosis fraud by psychologists similar to that which has been experienced in the United States with radiologists. The courts will continue to reflect Australia’s “compensation culture” unless legislation squarely addresses the compensability of pleural plaques and clarifies when, if at all, the courts should allow mental health claims for asymptomatic “marker” conditions such as pleural plaques.