On 24 September 2010 the worker served a Notice of Claim for Damages in relation to an event alleged to have occurred on 30 October 2009 for a left knee injury. The worker had failed to disclose a significant previous knee injury including surgery, which had been subject to a workers compensation claim interstate.
By failing to disclose the true extent of his left knee condition he was attempting to enhance any award for damages he may have received and therefore attempted to defraud WorkCover and was subsequently charged.
On 17 May 2012 the worker pleaded guilty to one charge of attempting to defraud WorkCover and three charges of providing false and misleading information to WorkCover. He received a penalty of three months imprisonment for the fraud charge and two months each for the false and misleading charges all to be wholly suspended for an operational period of 12 months with a conviction recorded. He was ordered to pay costs and lost his rights to common law.