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Wilfred star hasn't paid attack compo

Wilfred actor Jason Gann was ordered to pay a bus driver $325,000 after punching him on Derby Day but now says the case was based on a lie.

Wilfred star Jason Gann
Wilfred star Jason Gann (R) has not yet paid compensation to a bus driver he attacked in 2007. (AAP)

Wilfred star Jason Gann is yet to cough up the $325,000 he has to pay a bus driver he attacked at the races and now says the compensation case against him was "based on a lie".

Mr Gann pleaded guilty to assault and was later ordered to pay compensation after he repeatedly punched bus driver Joseph Hosny in the head when he was refused a seat on a packed shuttle bus at Melbourne's Flemington Racecourse on Derby Day in 2007.

But with Mr Hosny on Monday pleading guilty to fraud, the actor best known for his role as the foul mouthed dog in the comedy Wilfred says he's reassessing his legal options.

Mr Hosny, 57, was given a wholly-suspended six-month jail term for fraudulently obtaining almost $50,000 in WorkCover payments after the attack, which left him suffering post-traumatic stress disorder (PTSD).

His deception came to light during the civil trial against Mr Gann when he gave conflicting evidence about his return to work.

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"It means the civil action against me was based on a lie," Mr Gann said in a statement from Los Angeles.

Mr Hosny went back to work about a week after the attack but later submitted a WorkCover claim stating he had been unable to work, the Melbourne Magistrates Court heard.

For about 18 months he lied about sporadic employment with the Victorian Amateur Turf Club, Moonee Valley Racing Club and Melbourne Cricket Club.

Magistrate Peter Reardon said the attack was a vicious assault and accepted Mr Hosny had suffered, but said he chose to be devious and lie about the matter.

The court heard Mr Gann has not paid any of the $325,000 compensation ordered by a judge in 2012.

Mr Reardon said Mr Hosny might still receive payment if Mr Gann returned to Victoria.

The magistrate ordered Mr Hosny repay $49,787 to WorkCover and more than $7000 in legal costs.

His barrister Simon Kenny said it would be difficult because Mr Gann had not paid any money to Mr Hosny.

"On current indication it seems as though that is very unlikely," he said.

Mr Kenny told the court Mr Hosny was trying to have the compensation judgment against Mr Gann registered with a Californian court, but his guilty plea meant those proceedings could be quashed.

A spokesman for Mr Gann told AAP he had been waiting on the outcome of Mr Hosny's fraud case and would now consider having the US matter struck out.

The court heard Mr Hosny is still receiving WorkCover payments because he hadn't worked after September 2009 due to his PTSD, which also contributed to a marriage breakdown and a period of homelessness.

Mr Gann pleaded guilty in 2008 to unlawfully assaulting Mr Hosny but was spared a conviction so he could continue his acting career in the US.


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