New workers' comp protections meet a hard lesson on AI in legal submissions

A New South Wales firefighter who allegedly moonlighted as a junior doctor has lost most of his victimisation case against Fire and Rescue NSW.

The decision, handed down on 20 May 2026 in Sarson v Fire and Rescue NSW (No 2) [2026] NSWIRComm 1043, is a useful read for any HR team navigating workers' compensation claims, suspensions, and the new workplace protections that came into force last July.

It is also, as Commissioner Janet McDonald made clear, a reminder that submissions prepared with the help of artificial intelligence still need to be checked by a human being.

Dr Andrew Sarson, a station officer at St Mary's Station, hurt his knee getting out of a fire truck in January 2025 and lodged a workers' compensation claim. A few months later, FRNSW received information suggesting he was presenting himself as a medical doctor, offering certificates to fellow firefighters, and working full-time as a Junior Medical Officer at Nepean Hospital. FRNSW says none of that secondary work had been declared. Sarson disputes this.

By July 2025, he was suspended on full pay while a misconduct investigation got under way.

The heart of his case was straightforward. He argued FRNSW had targeted him because he had claimed workers' compensation, a newly protected attribute under section 210(1)(j) of the Industrial Relations Act 1996 (NSW). That provision only came into force on 3 July 2025.

Sarson, who represented...

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