Case 16

On 15 July 2009, the worker lodged an Application for Compensation for alleged injuries sustained on 10 July 2009 while working as a landscape gardener. WorkCover accepted the claim for L4/L5 disc protrusion with potential nerve compromise. WorkCover paid a total amount of $26,200 in respect of the worker's claim for the period between 16 July 2009 and 10 December 2009.

Investigations revealed the worker had been a bass guitarist and vocalist in a band from on or about 17 July 2009, two days after the injury, to 27 November 2009.

The worker failed to notify WorkCover of his employment in the band and was charged with fraud.

The man pleaded guilty and was sentenced on 29 April 2011 to nine months imprisonment for the fraud charge and three months imprisonment for each of the seven false and misleading charges, to be served concurrently with the sentence to be suspended for an operational period of two years. He was ordered to pay restitution of $26,200 plus costs with a conviction recorded.