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Case 34

On 1 March 2010 the worker lodged an Application for Compensation alleging that he sustained an injury to his back on 25 February 2010 whilst working as an electrician. The claim was accepted on 3 March 2010 and compensation was paid from 1 March 2010 to 15 March 2011.

For the majority of his claim, the worker was certified fit for suitable duties although these were only of a sedentary nature. All attempts to return the worker to his pre-injury duties failed.

On 7 April 2011 the worker lodged a Notice of Claim for Damages, stating that the only work he had undertaken and income he had received resulted from his sedentary duties with his employer.

Information was received that the worker had set up his own business and had worked in this business during the period he was receiving compensation. Evidence was obtained showing that the worker had been engaged in self-employment as an electrical sub-contractor since December 2010

On 11 October 2012 the worker pleaded guilty to one count of fraud and one count of attempt to defraud. He was fined $3,000 and ordered to pay restitution of $11,505.29. As a result of the conviction his common law rights were extinguished.