Dobson v Total Momentum Pty Ltd

[2023] NSWPIC 210

CERTIFICATE OF DETERMINATION OF MEMBER 

Citation:

Dobson v Total Momentum Pty Ltd [2023] NSWPIC 210

APPLICANT:

Jennifer Dobson

RESPONDENT:

Total Momentum Pty Ltd

senior Member:

Elizabeth Beilby

DATE OF DECISION:

4 May 2023

DATE OF AMENDMENT:

10 May 2023

CATCHWORDS:

WORKERS COMPENSATION - Claim in respect of lump sum death benefit; Held – there were no other dependent persons.

determinations made:

1.     I find that the applicant was dependent upon the deceased (Murray Dobson) at the date of his death on 25 August 2021.

2.     There was no other person who was dependent upon the deceased at the date of death.

3. The lump sum benefit payable in accordance with s 25(1)(a) of the Workers Compensation Act 1987 (the 1987 Act) as of the date of death was $862,350.00.

4.     Pursuant to s 85A of the 1987 Act, I direct that the payment is made directly to the applicant.

5.     The respondent is to pay $9,431.51 in respect of interest on the lump sum benefit.

STATEMENT OF REASONS

BACKGROUND

1. Mr Murray Dobson (the deceased) died on 25 August 2022. The respondent (the employer/applicant) has admitted liability in respect of the death and is liable to pay compensation pursuant to s 25 of the Workers Compensation Act 1987 (the 1987 Act) (the lump sum death benefit).

2. The only substantive issue for determination is the question of dependency and any apportionment of the death benefit.

ISSUES FOR DETERMINATION

1. The parties agree that the following issues remain in dispute:

   (a)    dependency at the time of death, and

   (b)    apportionment of the lump sum death benefit.

PROCEDURE BEFORE THE PERSONAL INJURY COMMISSION

1. The parties were able to agree to a proposed resolution of the matter regarding both dependency and interest.

EVIDENCE

Documentary evidence

1. The following documents were in evidence before the Personal Injury Commission (the Commission) and taken into account in making this determination:

   (a)    Application to Resolve a Dispute (the Application) and attached documents, and

   (b)    Reply to the Application to Resolve a Dispute (the Reply) and attached documents.

Dependency

1. A dependent is defined in s 4 of the Workplace Injury Management and Workers Compensation Act 1998 to include persons who were “wholly or in part dependent for support on the worker at the time of the worker’s death”.

2. There is no doubt that the applicant was dependent upon the deceased. They were married and shared a family home.

3. There is no evidence before me that identifies any potential person who could be or wishes to be classed as dependent upon the deceased as at the date of death. To this end, all five children of the marriage, together with the deceased’s mother, have all indicated that they do not wish to be considered as dependents of the deceased.

Other Matters

1. There is also an entitlement to interest which has agreed to be in the sum of $9,431.51. The orders reflect the agreement.

2. A claim has been made in respect of funeral expenses. The respondent has already paid this sum.