On 5 May 2010 the worker lodged an Application for Compensation alleging he sustained an injury to his back on 4 May 2010, whilst working as a glazier and aluminium fixer. His claim was accepted and compensation was paid from 5 May 2010 to 29 October 2010.
On 31 January 2011 the worker lodged a Notice of Claim for Damages. He stated that in addition to his usual employment he had been employed as a self-employed glazier and aluminium fitter since 1 July 2009 however since 5 May 2010 he had received no income.
Evidence was obtained confirming that the worker was actively operating his business during the period that he was in receipt of compensation benefits.
On 16 November 2012 the worker pleaded guilty to one count of fraud, was fined $4,000 and ordered to pay restitution of $23,253.24. As a result of his conviction his right to common law damages was extinguished.