The worker lodged an Application for Compensation for a fracture to his left leg which occurred on 18 March 2006. He alleged that he sustained the injury when he fell off a mobile scaffold and his foot slipped.
The worker was paid compensation benefits for the period 18 March 2006 to 18 June 2007. On 5 November 2008, the worker lodged a Notice of Claim. After investigations were conducted, it became apparent that the worker did not sustain the injury by falling off the scaffold but in fact in the course of a wrestle with a co-worker.
The matter went to trial and the man was found guilty for attempting to defraud WorkCover at common law. He was given a three month wholly suspended sentence for an operational period of two years with a conviction recorded. He was ordered to pay costs and his common law claim was extinguished.