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Case 18

The worker lodged an Application for Compensation alleging that on 21 April 2009 he suffered a soft tissue injury to the lumbar spine as a result of lifting a screen at work. He later claimed that as a result of his physical injury he also sustained a secondary psychological injury. The claim was accepted and benefits were paid between 24 April 2009 and 1 March 2010.

WorkCover received information that the worker was working and surveillance was undertaken. The worker was found to be working as a bar attendant and cleaner at a local hotel. Enquiries were made with the hotel who confirmed that he had been working for them since 15 October 2009.

On 17 June 2011 the man pleaded guilty to one fraud charge and eight charges of providing false and misleading information. He received a four month wholly suspended sentence for the fraud and a two month wholly suspended sentence for each of the eight charges of providing false and misleading information, to apply for a period of 18 months. A conviction was recorded. He was ordered to pay restitution of $19,170, plus legal costs.

On 20 July 2011 the worker lodged a Notice of Claim for Damages. This claim was refused based on the worker's conviction.