Eftimovski v Toll Global Express Courier

Eftimovski, the applicant, brought a claim for ongoing weekly compensation benefits against Toll Global Express Courier, the respondent, following a previous determination that he had sustained a compensable injury. The matter was heard by the Court of Appeal of the Supreme Court of New South Wales. The dispute centred around the proper calculation of the Permanent Impairment Average Weekly Earnings (PIAWE) and the quantification of the applicant's incapacity. The applicant's claim for ongoing weekly benefits was contested by the respondent, who argued that the applicant's PIAWE should be adjusted to reflect the income received from his partnership with his spouse.

The legal issues before the court included whether the applicant was entitled to ongoing weekly compensation benefits, the correct calculation of the PIAWE, and whether the new information about the spouse's involvement in the partnership warranted a re-evaluation of the income attributed to the applicant. The court also needed to consider whether the partnership income should be included in the calculation of the PIAWE and how this affected the assessment of the applicant's incapacity. The court examined the principles established in Gerob Investments Ballina Pty Ltd t/as Beach Life Homes v Compton to determine the appropriate treatment of partnership income in the context of workers compensation claims.

The court found that the issue of whether the applicant was a "worker" had already been conceded in previous proceedings and was not in dispute in this case. It was determined that, aside from GST payments, all the money paid by the respondent was income received by the applicant for work performed in his employment. The court held that the partnership income should be included in the calculation of the PIAWE, as it represented income received by the applicant for work done. The court concluded that the new information about the spouse's involvement in the partnership did not change the fundamental nature of the income as being derived from the applicant's employment. The court made orders for ongoing weekly compensation, reflecting the correct calculation of the PIAWE and the applicant's incapacity.