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Case 19

The worker lodged an Application for Compensation for serious injuries (extensive facial injuries, soft tissue injury to cervical spine, lumbosacral spine and left hip) suffered when he had an accident whilst driving a removalist truck from Emerald to Gladstone. The claim was accepted and benefits were paid over a period from 13 November 2006 to 31 August 2009.

During the compensation period the worker returned to work as a labourer and cotton picker between 1 December 2007 to 18 January 2008 and 6 March 2008 to 4 April 2008 and failed to notify WorkCover.  A common law claim was lodged on 02 November 2009 and this work was revealed. The worker was charged with fraud for returning to a calling.

The worker pleaded guilty to one charge of fraud and nine false and misleading charges. He received a five month wholly suspended sentence for a period of 12 months with a conviction recorded. He was ordered to pay restitution of $15,448, costs and his common law claim extinguished.