10 Oct 2003
No special circumstances existed to displace the First Schedule assessment under s.9(1A); the Court accepted the Medical Board's 5% loss of earning capacity and assessed compensation under s.9 accordingly; further periodical payments beyond the 24 months already paid were not warranted; medical expenses of $1,980 agreed and awarded.
21 Dec 2001
The judge performed a factual balancing of established tests (control, integration, provision of equipment, profit/loss exposure, freedom to attend). The written contractor documents were treated as potentially sham/cover. Factual evidence showed respondent controlled operations (instructions via Yuda and two-way radio), retained ownership and insurance of the lorry, made prepayments/advances, carried financial risk for operating expenses and reconciliations were not performed as alleged by respondent. No evidence of applicant bearing financial risk or owning the lorry was convincing. Therefo…