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ARTICLE · 02 NOVEMBER 2009

To Command Or To Serve?

Leave to appeal was sought from an Arbitrator’s decision in the Workers Compensation Commission (Commission) by the appellant, Mr Lawrence-Plant (Appellant).

AustraliaInsurance

Leave to appeal was sought from an Arbitrator's decision in the Workers Compensation Commission (Commission) by the appellant, Mr Lawrence-Plant (Appellant). The respondent to the appeal was the company established by the Appellant by whom he was employed, Bluey's Hire (Respondent). The Appellant had filed four previous Applications to Resolve a Dispute, all of which were discontinued. The Appellant contended that he had suffered psychological injury during and in the course of his employment with the Respondent between 1 January 2001 and 31 August 2004 due to the financial mismanagement of the company by the Respondent's accountant.

The Appellant, in his fifth Application to Resolve a Dispute, ultimately forming the basis of the subject appeal, sought weekly benefits, medical expenses and lump sum compensation for the injuries alleged. The Arbitrator found in favour of the Respondent on the basis that the Appellant was not a "worker" as intended by section 4 of the

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