Assad v Abov Service Pty Limited [2001] NSWCC 150

Assad v Abov Service Pty Limited [2001] NSWCC 150

Applicant's employment as taxi driver was a substantial contributing factor to injuries sustained during an altercation, and the injuries arose in or out of the course of deemed employment. The applicant was not the aggressor and was entitled to compensation for permanent impairment but did not prove actual earnings for weekly payments to date.

Parties
Applicant: Anthony Assad; Respondent: Abov Service Co Pty Limited
Jurisdiction
Australia
Judgment Date
07 February 2001
Procedural Posture
Workers Compensation / Final Judgment
Outcome
Orders in favour of applicant (part) and respondent (in respect of weekly payments to date); awards for impairment and pain and suffering; costs granted; hospital and medical expenses ordered.
Legal Topics
Deemed Worker, Injury Arising in Course of Employment, Substantial Contributing Factor, Assessment of Compensation, Weekly Payments, Permanent Impairment
Workers Compensation Deemed Worker Injury Arising in Course of Employment Substantial Contributing Factor Assessment of Compensation Weekly Payments Permanent Impairment

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Parties

Anthony Assad

Applicant

Abov Service Co Pty Limited

Respondent

Procedural Posture

Workers Compensation / Final Judgment

Legal Issues

  1. 1 Whether applicant was a deemed worker
  2. 2 Whether injury arose in course of deemed employment
  3. 3 Whether employment was a substantial contributing factor to injury

Ratio Decidendi

Applicant's employment as taxi driver was a substantial contributing factor to injuries sustained during an altercation, and the injuries arose in or out of the course of deemed employment. The applicant was not the aggressor and was entitled to compensation for permanent impairment but did not prove actual earnings for weekly payments to date.

Court Disposition

Orders in favour of applicant (part) and respondent (in respect of weekly payments to date); awards for impairment and pain and suffering; costs granted; hospital and medical expenses ordered.

Orders

  • Respondent to pay applicant $16,500 for 22% permanent loss of efficient use of left leg at or above knee pursuant to s 66.
  • Respondent to pay applicant $5,760 for 9.6% permanent impairment of back pursuant to s 66.