Mr Toomey is a self employed builder who was called upon (or co-opted) by the Fire Service to retrieve the injured from the PGC site in the aftermath of the Feb 2011 earthquakes in Christchurch. He suffered PTSD from that event. The Court did not want to discourage people from assisting the police and fire service during emergencies when their skills were called upon – such as an off duty doctor or police officer- or in the case of Mr Toomey he was a self employed builder and his expertise assisted with the retrieval. The Court held that he was at work because he was under the direction of the fire service and although he was not being paid, he was self employed, and a self employed person is not paid in each and every situation even though they are working. It is notable that he paid his employee to assist in the retrieval as well. Mr Toomey will now be covered by ACC.
