Brakel v Sanctuary Contract Recruitment Pty Ltd - [2024] NSWPIC 254

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Brakel v Sanctuary Contract Recruitment Pty Ltd & Ors [2024] NSWPIC 254
APPLICANT:	Anthony Brakel
FIRST RESPONDENT:	Sanctuary Contract Recruitment Pty Ltd
SECOND RESPONDENT:	Noah Firdaus Brakel
THIRD RESPONDENT:	Adam Jeffrey Brakel
MEMBER:	Rachel Homan
DATE OF DECISION:	16 May 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; application for apportionment of lump sum death benefit and funeral expenses in respect of the death of a worker; identification of dependants; Held – the applicant, second respondent and third respondent were the only dependants of the deceased worker; orders for payment of the lump sum pursuant to sections 25(1)(a), 29(1) and 85A; agreement on interest.
DETERMINATIONS MADE:	By and with the consent of the parties, the Commission determines: 1. Alina Brakel (the deceased worker) died on 29 March 2022 as a result of injury arising out of or in the course of her employment with the applicant. 2. The applicant, second respondent and third respondent were each dependants of the deceased worker who were partly dependent for support upon the deceased worker at the date of her death. 3. There were no other persons wholly or partly dependent for support upon the deceased worker at the date of death. 4. The lump sum death benefit payable in accordance with s 25(1)(a) of the Workers Compensation Act 1987 is $849,300. 5. The lump sum death benefit is apportioned pursuant to s 29(1) of the Workers Compensation Act 1987 as follows: a. $424,650 (50%) to the applicant; b. $212,325 (25%) to the second respondent, and c. $212,325 (25%) to the third respondent. By and with the consent of the parties, the Commission orders: 1. The first respondent to pay $424,650 to the applicant pursuant to s 85A(1)(a) of the Workers Compensation Act 1987. 2. The first respondent to pay $212,325 to the second respondent pursuant to s 85A(1)(a) of the Workers Compensation Act 1987. 3. The first respondent to pay $212,325 to the third respondent pursuant to s 85A(1)(a) of the Workers Compensation Act 1987. 4. The first respondent to pay interest on the lump sum pursuant to s 109 of the Workplace Injury Management and Workers Compensation Act 1998 at 2% above the Reserve Bank of Australia cash rate per annum as follows: (a) to the applicant, $5,319.18 for the period 5 March 2024 to 15 May 2024 (72 days); (b) to the second respondent, $3,435.30 for the period 13 February 2024 to 15 May 2024 (93 days), and (c) to the third respondent $4,395.71 for the period 18 January 2024 to 15 May 2024 (112 days). 5. No order as to funeral expenses.

STATEMENT OF REASONS

BACKGROUND

Mrs Alina Brakel (the deceased worker) died as a result of injury arising out of or in the course of her employment with Sanctuary Contract Recruitment Pty Ltd (the first respondent) on 29 March 2022. The deceased worker was 55 years old at the time of her death.
Liability to pay compensation in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] NSWPIC 254
Decision Date: 16 May 2024

CaseChat Overview and Summary

The case of Brakel v Sanctuary Contract Recruitment Pty Ltd involved an application for the apportionment of a lump sum death benefit and funeral expenses following the death of a worker. The application was heard by the Supreme Court of Queensland. The deceased worker had passed away, and there was a dispute over who was entitled to the compensation benefits and funeral expenses. The applicant, second respondent, and third respondent were all claiming to be dependants of the deceased.

The primary legal issue before the court was to determine who the legitimate dependants of the deceased worker were, in order to properly apportion the death benefits and funeral expenses. This involved interpreting the relevant provisions of the Workers Compensation Act 1987 and applying them to the facts of the case. The court had to establish the legal definition of "dependant" and assess the relationship between the deceased and each of the claimants.

In reaching its decision, the court examined the evidence and arguments presented by the parties. It found that the applicant, second respondent, and third respondent were the only legitimate dependants of the deceased worker, as per the definitions and criteria outlined in the Workers Compensation Act 1987. The court then ordered the payment of the lump sum to these three individuals and agreed on the interest to be applied. The court's decision was based on the application of the relevant statutory provisions and the evidence provided by the parties.

Orders