Case 8

The worker alleged that on 21 September 2006 he sustained an injury to his back whilst working on a contract basis as a bricklayer. His statutory claim was accepted and benefits were paid from 22 September 2006 to 30 March 2007.

On 15 January 2008 the worker lodged a Notice of claim for Damages stating that he was restricted in his daily activities, manual work, household repairs and maintenance, plus travel and recreational activities. He further submitted that following the accident he had been unable to return to work at all due to the effects of the accident and his ongoing extreme pain. He also stated that he was unable to return to work or find a position which would suit his disability.

On 23 October 2008 the worker completed a statutory declaration in which he stated that his source of income since the accident had been that of his de-facto partner, and a loan from his bank.

Investigations revealed that between 21 January 2008 and 10 May 2008 the worker worked as a self-employed Bricklayer and earned $19,072.

On 25 November 2010 the worker pleaded guilty to one charge of attempting to defraud and was given a four months wholly suspended sentence, for a period of 18 months and two months wholly suspended sentence for each of the false and misleading charges. A conviction was recorded. The worker's entitlement to common law damages was extinguished.