Baigorri v Workers' Compensation Regulator

Case [2023] QIRC 190


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Baigorri v Workers' Compensation Regulator [2023] QIRC 190

PARTIES:

Baigorri, Horacio Augusto
(Appellant)

v

Workers' Compensation Regulator
(Respondent)

CASE NO:

WC/2021/204

PROCEEDING:

Appeal against decision of Workers' Compensation Regulator

DELIVERED ON:

22 June 2023

HEARING DATES:

8 February 2023

MEMBER:

HEARD AT:

Merrell DP

Brisbane

ORDERS:

The orders contained in paragraph [124] of these reasons.

CATCHWORDS:

WORKERS' COMPENSATION – ENTITLEMENT TO COMPENSATION – PERSONS ENTITLED TO COMPENSATION – WHO IS A WORKER OR EMPLOYEE – Appellant reopened  application for workers’ compensation for a back and shoulder injury due to items falling on him – application for workers’ compensation rejected by WorkCover Queensland on the basis that the Appellant was not a ‘worker’ within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 – Appellant sought review of the WorkCover Queensland decision by the Respondent – Respondent confirmed the WorkCover Queensland decision – appeal by Appellant against review decision of the Respondent – whether Appellant deemed to be a worker within the meaning of sch 2, pt 1, s 3 of the Workers’ Compensation and Rehabilitation Act 2003 – whether Appellant was a 'contractor' prior to making an independent courier contract with Allied Express Transport Pty Ltd – whether Appellant was performing work not incident to a business regularly carried on by him at the date of injury - Appellant not a worker within the meaning of sch 2, pt 1, s 3 of the Workers’ Compensation and Rehabilitation Act 2003 – Respondent's review decision confirmed - parties to be heard as to costs

STATUTES – ACTS OF PARLIAMENT – PRINCIPLES OF CONSTRUCTION OF STATUTES – construction of sch 2, pt 1, s 3 of the Workers’ Compensation and Rehabilitation Act 2003 – history of provision – whether individual has to be a contractor prior to making a contract with someone else for the performance of work – meaning of the phrase '… incident to a trade or business regularly carried on by the contractor' – whether provision is applicable to a circumstance where a person, who is not a contractor, subsequently enters into a continuing contract for services with a principal as part of the commencement of a business as a courier driver

LEGISLATION:

Accident Compensation Act 1985 (Vic), s 8

Acts Interpretation Act 1954, s 14A

Carriers and Inn-Keepers Act 1928 (Vic), s 14

Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013, pt 4, s 71

Taxation Administration Act 1953, sch 1, pt 2-5

The Workers' Compensation Acts Amendment Act of 1918, s 2

Workers' Compensation Act 1916-1988, s 3

Workers' Compensation Act 1926 (NSW), s 6

Workers' Compensation Act 1928-1946 (Vic), s 3

Workers' Compensation Act 1990, s 1.3, s 2.1, s 2.2 and s 8

Workers' Compensation and Rehabilitation Act 2003, s 4, s 5, s 11, s 558, 588 and sch 2

WorkCover Queensland Act 1996, s 12, s 534, sch 2 and sch 3

Workplace Injury Management…

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Baigorri v Workers' Compensation Regulator [2023] QIRC 190
Case
[2023] QIRC 190
Decision Date

CaseChat Overview and Summary

In Baigorri v Workers' Compensation Regulator, the appellant sought to reopen his workers' compensation claim for injuries sustained due to items falling on him while he was working. The Workers' Compensation Regulator had rejected the claim on the basis that the appellant was not considered a 'worker' within the meaning of the Workers' Compensation and Rehabilitation Act 2003. The appellant's appeal against this decision was heard in the court, which was required to determine whether the appellant qualified as a worker under the statute and if he was performing work that was incident to a trade or business regularly carried on by him at the time of the injury.

The primary legal issue before the court was the interpretation of section 3 of schedule 2, part 1 of the Workers' Compensation and Rehabilitation Act 2003. Specifically, the court needed to ascertain whether the appellant was a worker at the time of the injury, considering his status as a contractor prior to entering into an independent courier contract with Allied Express Transport Pty Ltd. The court also needed to determine if the work he performed was incident to a trade or business regularly carried on by him. The court examined the historical context and legislative intent of the provision to resolve these issues.

The court concluded that the appellant was not deemed a worker within the meaning of the Act because he had not been a contractor prior to making the contract with Allied Express Transport Pty Ltd. Additionally, the court found that the work he performed was not incident to a trade or business regularly carried on by him. As a result, the court confirmed the review decision of the Workers' Compensation Regulator and dismissed the appeal. The court directed that the parties be heard regarding the costs of the proceedings.

The court's decision hinged on a meticulous analysis of the statutory language and legislative history, leading to the conclusion that the appellant did not meet the criteria to be classified as a worker under the Act. The final orders of the court were detailed in paragraph [124] of the reasons for judgment.

Orders

Orders of the court

The orders contained in paragraph [124] of these reasons.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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