On 8 September 2008 the worker lodged an Application for Compensation for an injury to his back. The claim was accepted and compensation was paid for the period 5 September 2008 to 22 May 2009.
The worker had obtained secondary employment prior to his injury but when asked whether he had any other employment he denied working anywhere else. Despite being certified unfit to work at all the worker continued to work for his second employer and failed to advise WorkCover of this ongoing work.
On 25 June 2009, the worker lodged a Notice of Claim. After investigations were conducted, it became apparent that the worker had undertaken work at his second employer during the period he was in receipt of compensation benefits.
On 10 August 2011, the worker pleaded guilty to two counts of fraud and two counts of providing false and misleading information. He was sentenced to six months imprisonment wholly suspended for two years for the fraud charges and three months wholly suspended for two years for the false and misleading charges. He was ordered to pay WorkCover restitution of $45,245 and significant costs. A conviction was recorded and his common law rights were also extinguished.