Gary Janson, 58, was sentenced in the Melbourne Magistrates' Court on Wednesday 29 April after earlier pleading guilty to a single charge of fraudulently obtaining payments.
In addition to the restitution order, he was convicted and placed on an 18 month Community Corrections Order with a condition to complete 220 hours of unpaid community work.
The court heard Janson began receiving weekly compensation payments in June 2014 after lodging a claim for a shoulder injury sustained at work.
A WorkSafe investigation later found that Janson had started a chilli sauce business in October 2021, selling products online and at markets, shows and festivals across Victoria and interstate.
During that time, Janson did not disclose his business and continued to submit certificates declaring he had not worked and had no capacity to work, receiving $117,121.41 in weekly compensation payments before they were terminated in October 2023.
When advised of the termination, Janson claimed the business was his son's and maintained that he could not even lift his arm up to be able to work.
However records revealed Janson was registered as the sole director, secretary and shareholder while the company's website listed him as the owner.
Surveillance footage also showed Janson setting up and packing up market stalls, lifting and carrying large boxes and raising both arms for extended periods of time.
Acting WorkSafe Executive Director of Integrity, Risk and Resilience Jane Barker said there were multiple opportunities for the worker to declare that he was working.
"It's disappointing to see the blatant dishonesty shown by this worker over multiple years," Ms Barker said.
"Exploiting a system that supported you when you were unable to earn an income is not only selfish - it's a criminal offence that will be met with serious consequences."
