Compensation Case Review Ballantine v Owglo Pty Ltd Case Review – Ballantine v Owglo Pty Limited [1989] in the Compensation Court of New South Wales – A worker or an independent contractor? This was a case before the Compensation Court of New South Wales where the Court was required to consider whether Mr Ballantine was entitled to receive workers compensation for severe injuries sustained while doing bricklaying work for Owglo Pty Limited (“Owglo”). The Facts Mr Ballantine immigrated to Australia from England in 1975 and worked as a bricklayer. In 1986 Mr Ballantine answered a tender of Owglo for a price per thousand bricks laid and shortly after commenced bricklaying work for Owglo. He finished work with Owglo in May 1987, but recommenced working for Owglo in August 1987. In November, 1987 Mr Ballantine fell from a scaffold while working and suffered severe injuries. The Workers Compensation Claim Mr Ballantine alleged that he had been incapacitated for work since suffering these injuries. He sought compensation from Owglo, under the Workers Compensation Act 1987, (“the Act”) including weekly compensations for total or partial incapacity, as well as a lump sum payment of $25,560 for a back impairment, $6,390 for a thirty per cent loss of the use of his left leg and a lump sum payment for pain and suffering. Was Mr Ballantine a worker under the Workers Compensation Act and entitled to workers compensation benefits? The issue that was considered at the hearing, was whether Mr Ballantine was either a worker under a contract of service with Owglo, or a deemed worker in accordance with the Act. If the Court found that Mr Ballantine’s work for Owglo fell under the Act, then he was entitled to receive worker’s compensation benefits. The Court considered the following facts in order to ascertain the nature of the employment relationship between Mr Ballantine and Owglo: -Mr Ballantine worked for Owglo fixed hours Monday to Friday. -Mr Ballantine worked for other persons concurrently during this time and continued to advertise his services after commencing work with Owglo. -Mr Ballantine took out and maintained his own sickness and accident insurance as a self-employed contractor. -Mr Ballantine supplied his own tools of trade and was paid on a daily basis. -Owglo took income tax out of payments to Mr Ballantine. The Decision The Court decided that Mr Ballantine was a contractor, regularly carrying on a trade or business in his own name. Accordingly, he was not entitled to workers compensation benefits under the Workers Compensation Act. If you have been injured in a workplace accident and you’re not sure who to talk to about your entitlements for workers compensation, then call Frank Boitano. He is an accredited Workers Compensation Specialist and is the Workers Compensation Lawyer. Frank works on a No Win No Fee basis, so it won’t cost you a cent and you will be getting advice that insurers would rather you didn’t hear. The Workers Compensation Lawyer, Frank Boitano, is an Accredited Specialist in Personal Injury and has 20 years experience in this field of law. Working on a “No Win No Fee” representation your peace of mind has to be worth making an appointment. Call Frank today on (02) or email him at | 
