On 9 May 2011 the worker lodged an Application for Compensation alleging he had injured his back whilst working as a bricklayer's labourer. His claim was accepted on 13 May 2011 and compensation was paid from 19 May 2011 to 13 February 2012.
WorkCover received information that the worker had returned to work whilst he was in receipt of compensation. Inquiries were made with the company concerned and they confirmed that he had been employed by them from 8 August 2011 to 22 October 2011.
The worker was charged with one count of fraud for returning to a calling and on 14 September 2012 he entered a plea of guilty. He was given a wholly suspended sentence of four months and ordered to pay restitution of $18,412.