FIS Systems Pty Ltd v Fieldmartin - [2023] NSWPIC 114

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	FIS Systems Pty Ltd v Fieldmartin & Ors [2023] NSWPIC 114
APPLICANT:	FIS Systems Pty Ltd
FIRST RESPONDENT:	Jay-Ashley Fieldmartin
second RESPONDENT:	Kathleen Plunkett
third RESPONDENT:	Stephen James Mulligan
fourth RESPONDENT:	Nicole Hucksteppe
fifth RESPONDENT:	Isabella Hucksteppe
sixth RESPONDENT:	Joshua Benjamin Hucksteppe
seventh RESPONDENT:	Neil John Hucksteppe
eighthRESPONDENT:	Sam Heine Hensan
ninthRESPONDENT:	Robert Lengyel
tenthRESPONDENT:	Matilda Moore
PRINCIPAL Member:	Josephine Bamber
DATE OF DECISION:	20 March 2023
CATCHWORDS:	WORKERS COMPENSATION - Death claim issue as to whether any of the persons making a claim are dependants; Held – the deceased worker died from injuries sustained in the course of his employment with the applicant; the compensation payable by the applicant in accordance with section 25(1)(a) of the Workers Compensation Act 1987 (1987 Act) on the death of the deceased worker is $834,200; pursuant to section 25 of the 1987 Act and section 4 of the Workplace Injury Management and Workers Compensation Act 1998 the third to tenth respondents are not entitled to compensation as they are not dependants of the deceased worker; pursuant to sections 25(1)(a) and 32 of the 1987 Act the deceased worker has left no dependants, accordingly the compensation payable of $834,200 is to be paid by the applicant to the legal personal representatives of deceased.
determinations made:	1. That the deceased worker, Marc Andrew Sebastian Field, died on 28 December 2020 from injuries sustained in the course of his employment with the applicant, FIS Systems Pty Ltd. 2. That the compensation payable by the applicant in accordance with s 25(1)(a) of the Workers Compensation Act 1987 on the death of the deceased worker is $834,200. 3. Pursuant to s 25 of the Workers Compensation Act 1987 and s 4 of the Workplace Injury Management and Workers Compensation Act 1998 the third to tenth respondents are not entitled to compensation as they are not dependants of the deceased worker. 4. Pursuant to s 25(1)(a) and s 32 of the Workers Compensation Act 1987 the deceased worker has left no dependants, accordingly the compensation payable of $834,200 is to be paid by the applicant to the legal personal representatives of deceased, Jay-Ashley Fieldmartin and Kathleen Plunkett.

STATEMENT OF REASONS

BACKGROUND

The Application in Respect of the Death of a Worker (the Application) has been filed by the deceased’s employer, FIS Systems Pty Ltd (the applicant), seeking orders in relation to the apportionment of the lump sum of $834,200 provided by s 25 of the Workers Compensation Act 1987 (the 1987 Act).
The deceased, Marc Andrew Sebastian Field, commenced work as a sales director in April 2019 with the applicant. He sustained a psychological injury arising out of or in the course of his employment with the deemed date of injury of 13 August 2020. He died on
28 December 2020. The applicant has admitted his death is as a result of the workplace injury.
The central issue requiring the determination of the Personal Injury Commission (the Commission) is whether…

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.

Continue reading FIS Systems Pty Ltd v Fieldmartin

Details

AGLC: FIS Systems Pty Ltd v Fieldmartin [2023] NSWPIC 114
Case: [2023] NSWPIC 114
Decision Date: 20 March 2023

CaseChat Overview and Summary

FIS Systems Pty Ltd was the applicant and various individuals were the respondents in this case. The dispute involved claims for workers' compensation following the death of an employee who had been injured during his employment. The case was heard and determined by the Supreme Court of New South Wales.

The central legal issues the court had to address were whether the deceased worker's death was due to injuries sustained during his employment, and if so, whether any of the respondents were entitled to compensation as dependants of the deceased worker. The court had to interpret and apply sections 25(1)(a) and 32 of the Workers Compensation Act 1987 (1987 Act) and section 4 of the Workplace Injury Management and Workers Compensation Act 1998 in determining these matters.

The court found that the deceased worker indeed died from injuries sustained in the course of his employment. Consequently, the applicant was liable to pay compensation in accordance with section 25(1)(a) of the 1987 Act, which amounted to $834,200. However, the court determined that the third to tenth respondents were not entitled to any compensation as they did not qualify as dependants of the deceased worker under the relevant statutes. The deceased worker left no dependants, so the entire compensation amount of $834,200 was to be paid to the legal personal representatives of the deceased.

Final orders were made to the effect that the compensation payable by the applicant to the legal personal representatives of the deceased worker was to be $834,200, and that the third to tenth respondents had no entitlement to compensation.

Orders