Practitioners acting for interstate workers (especially transport workers) must not rely on a quantitative time-based analysis to establish the state of employment connection; where a worker habitually performs tasks in two states on most working days, the 'usually works' test will not identify a single state, and the inquiry moves to 'usually based', which focuses on the employer-provided operational base (depot, place of instruction, truck location) rather than where the majority of driving hours occur. Acceptance of a claim by a WorkCover agent does not bind a court on the question of state connection for choice of law purposes in damages proceedings.
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