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Case 29

On 15 January 2009 the worker lodged an Application for Compensation stating that on 24 November 2008 whilst sitting in his truck waiting for it to be loaded he was assaulted by the driver of another truck. The claim was accepted and compensation was paid between 24 November 2008 and 28 September 2009.

All through his statutory claim the worker indicated that he was experiencing considerable pain with his finger, and inferred that he was unable to work as a result of his condition.

The worker lodged a common law claim on 22 September 2010 and on 7 October 2010 he completed a statutory declaration stating that he had not received any income from any work since 23 February 2009. Taxation documents were also provided during the common law process and these indicated that the worker had received income during the period of his statutory claim. Inquiries confirmed that he had worked as a truck driver on a casual basis between 31 October 2008 and 3 January 2010 and had been paid during this time.

On 17 May 2012 the worker pleaded guilty to one charge of fraud for return to a calling and one charge of providing a false and misleading document, being a statutory declaration. He was sentenced to six months wholly suspended for a period of 18 months for the fraud and three months wholly suspended for 18 months for the false and misleading information, with a conviction being recorded. He was ordered to pay restitution in the amount of $58,854.06 and legal costs. He also lost his right to common law.