Commercial Union Workers' Compensation (NSW) Limited v Gayl Lynette Clayton

Commercial Union Workers' Compensation (NSW) Limited appealed to the New South Wales Court of Appeal against a decision of the Workers' Compensation Commission. The dispute concerned whether Ms Gayl Lynette Clayton was a "worker" for the purposes of the *Workers' Compensation Act 1987* (NSW) and, in particular, whether evidence obtained by the appellant regarding Ms Clayton's creditworthiness post-injury was admissible in cross-examination.

The primary legal issues before the Court of Appeal were whether the Workers' Compensation Commission had erred in its findings regarding the existence of a master and servant relationship between the appellant and Ms Clayton, and whether the Commission had wrongly excluded evidence relating to Ms Clayton's credit.

The Court of Appeal, comprising Powell, Stein and Fitzgerald JJA, dismissed the appeal. The Court held that the Commission had correctly determined that Ms Clayton was a worker. Furthermore, the Court found that the evidence concerning Ms Clayton's credit was not relevant to the determination of whether she was a worker or to the assessment of her entitlement to workers' compensation benefits, and therefore its exclusion was not an error.

The appeal was dismissed with costs.