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Motorbike stuntman Reece Bradley Smith denied compensation after horror crash at Gladstone Show in 2019

A man who suffered multiple broken bones after a motorbike jump-gone-wrong has had his bid to overturn WorkCover’s rejection thrown out. Read what happened here.

Shane Warne crashes his motorbike

A young man who was injured after botching a motorbike jump has lost his bid to gain insurance from WorkCover, after alleging he was in a contractual agreement to perform stunts at the Gladstone Show in 2019.

Reece Bradley Smith appealed to the Industrial Relations Commission after WorkCover Queensland rejected his insurance claim for compensation. A judgement on the matter was delivered earlier this month.

“The primary question to be determined in this appeal is whether the appellant was a ‘worker’ within the meaning of s11 of the WCR Act,” Industrial Commissioner Jacqueline Power said.

“The onus is on the appellant to satisfy the Commission, on the balance of probabilities, that the appellant satisfied s11 of the WCR Act.”

Section 11 of the Workers Compensation and Rehabilitation Act 2003 outlines who is considered a ‘worker’.

The commission heard that Mr Smith ordinarily worked at Purcell‘s Engineering as a sandblaster and apprentice mechanic.

But he had communications with Wide Bay FMX, a small business which provided motorbike stunt riders for events.

He went to the Gladstone Show to do stunt riding on June 7, 2019 but failed a jump during a practice session and suffered multiple broken bones including in his arm, foot and face.

Mr Smith, represented by Chris Trevor & Associates Lawyers and barrister Steven Deaves QC, argued that he was working as a contractor for Wide Bay FMX and therefore deemed a worker under the Act.

He argued a contract existed through the communications between text and Facebook messages, particularly relating to an agreement over $150 to perform stunts at the Gladstone Show.

But WorkCover, represented by barrister Peter O’Neill, claimed the circumstances in which the alleged contract were made were vague and that there was no agreement to pay Mr Smith $150.

The insurer also submitted that Mr Smith couldn’t satisfy the requirements of the Act because he was already a PAYG employee at Purcell’s Engineering.

Ms Power raised a concern about Mr Smith’s evidence given that his message to Timothy Egan from Wide Bay FMX, ‘Ok do u mind if I tag along with you guys?’ was missing from his phone.

Ms Power said Mr Smith couldn’t explain how the message could have been removed, although she said he effectively conceded that he would be the only person who could have removed the message.

“The messages exchanged on 27 March 2019 do not indicate any agreement that the appellant would perform in the Gladstone Show,” Ms Power said.

“The appellant offered to ‘tag along’ and Mr Egan agreed to this arrangement. There was no negotiation about the appellant being a paid performer at the show.”

Tim Egan at the Sugarland Tavern.
Tim Egan at the Sugarland Tavern.

Mr Egan gave evidence to the commission and he said he didn’t believe Mr Smith had the capability to do a 15 minute show and do the required tricks.

Ms Power accepted that references to ‘the boys’ didn’t include Mr Smith.

The commission also heard Mr Egan paid $200 into Mr Smith’s GoFundMe account.

“I am not satisfied that there is sufficient evidence to indicate that there was an intention by both parties to create legal relations,” Ms Power said.

The appeal was dismissed.

Original URL: https://www.couriermail.com.au/news/queensland/gladstone/motorbike-stuntman-reece-bradley-smith-denied-compensation-after-horror-crash-at-gladstone-show-in-2019/news-story/51165cdfa94a68258e684808aa999ae2