Assad v Abov Service Pty Limited [2001] NSWCC 150

Reported Decision : (2001) 21 NSWCCR 335

Compensation Court of New South Wales

CITATION : Assad v Abov Service Pty Limited [2001] NSWCC 150 revised - 30/10/2001 PARTIES : Anthony Assad Abov Service Co Pty Limited MATTER NUMBER(S) : 44732 of 1998 JUDGMENT OF: Quirk J at 1 Assessment of Compensation - Entitlements & Liability :- worker CATCHWORDS: deemed worker injury arising in course of deemed employment employment a substantial contributing factor to injury Sch 1 cl 10 of the Workplace Injury Management Act and Workers Compensation Act 1998 LEGISLATION CITED: s 4 Workers Compensation Act 1987 s 9A of the Workers Compensation Act 1987 CASES CITED: Hall v Yellow Cabs of Australia Ltd (1970) 3 NSWR 240; Makko v Bullock Manufacturing Pty Ltd (1997) 15 NSWCCR 308 DATES OF HEARING: 17th August 2000 7th February 2001 DATE OF JUDGMENT: 02/07/2001

FOR APPLICANT: Mr R G Keller instructed by Alvaro Edwards Solicitors appeared for the applicant LEGAL REPRESENTATIVES: FOR RESPONDENT: Mr J H Pearce instructed by A O Ellison & Co appeared for the respondent

JUDGMENT: 1. Anthony Assad claims compensation by way of continuing weekly payments and lump sums in respect of injuries to his left leg, back, ribs and head, sustained on 13 February 1997 when he was allegedly assaulted whilst working as a taxi driver. The Application for Determination, as amended, pleads that the applicant was a deemed worker pursuant to Sch 1.10 of the WIM Act. Sch 1.10 provides as follows: -