A worker employed by a mining equipment supplier who is injured while travelling to a coal mine is not a 'coal miner' within Sch 6, Pt 18, cl 3(4) of the Workers Compensation Act 1987 (NSW) if, at the time of injury, the worker had not commenced any activity at or in physical proximity to the mine. The expression 'employed in or about a mine' requires both a connection between the work and the mining business and physical proximity to the mine at the time of injury. The question whether a worker employed full-time at a mine would satisfy the test while on a journey to the mine was left open.
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