Hill v Challenge Community Services
[2024] NSWPIC 97
•1 March 2024
| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Hill v Challenge Community Services & Ors [2024] NSWPIC 97 |
| APPLICANT: | Joshua Hill |
RESPONDENT: | Challenge Community Services |
| SECOND RESPONDENT: | Spencer Colin Taepoihakena Tupaea |
| PRINCIPAL MEMBER: | Josephine Bamber |
| DATE OF DECISION: | 1 March 2024 |
| CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987; approval of agreed apportionment of lump sum under section 25(1)(a); worker died from injury sustained in the course of her employment; the deceased’s husband and son were dependent for support upon the deceased worker at the date of her death; no other persons dependent for support upon the deceased worker at the date of her death; Held – payments apportioned 50% to husband, 50% to son; interest as agreed. |
| DETERMINATIONS MADE: | The Commission determines: 1. That Sophie Heald died on 26 July 2020 from injury sustained on 31 December 2019 in the course of her employment with the first respondent Challenge Community Services. 2. That the compensation payable by Challenge Community Services upon the death of the deceased in accordance with s 25(1)(a) of the Workers Compensation Act 1987 is $827,400. 3. That Joshua Hill, the deceased’s husband, and Spencer Colin Taepoihakena Tupaea, the deceased’s son, were dependent for support upon the deceased worker at the date of her death. 4. That there were no other persons dependent for support upon the deceased worker at the date of her death. 5. Pursuant to s 29 of the Workers Compensation Act 1987 the apportionment of payments between the dependents is as follows: (a) Joshua Hill 50% being $413,700, and (b) Spencer Colin Taepoihakena Tupaea 50% being $413,700. 6. The first respondent and Joshua Hill have agreed his entitlement to interest is $2,000. 7. There is no claim for interest in relation to Spencer Colin Taepoihakena Tupaea. 8. Pursuant to s 85A (1) (a) of the Workers Compensation Act 1987 the first respondent is to pay to Joshua Hill $415,700 and to Spencer Colin Taepoihakena Tupaea $413,700. Notation 9. The insurer has agreed to pay to Colin Grace $4,611.47 to reimburse him for the funeral expenses paid by him. |
STATEMENT OF REASONS
BACKGROUND
Sophie Quill Heald sustained a psychological injury on 31 December 2019 in the course of her employment with the first respondent, Challenge Community Services. She died on
26 July 2020. Liability has been admitted in relation to her injury and death.The applicant, Joshua Hill, is the husband of Sophie Heald. The second respondent, Spencer Colin Taepoihakena Tupaea, is the son of Sophie Heald. They seek apportionment of the lump sum payable by Challenge Community Services upon the death of the deceased in accordance with s 25(1)(a) of the Workers Compensation Act 1987 of the amount of $827,400.
A preliminary conference was held on 26 February 2024. Mr Jamie Nemme, solicitor, appeared for the applicant, who was present. Ms Rosie Petrolo, solicitor, appeared for the first respondent with Liza Dean, from icare, and Ursula Van Der Zandt, from EML.
Mr Mustafa Al-Kafaji, solicitor, appeared for the second respondent.The applicant and second respondent have come to an agreement that the lump sum should be apportioned equally between them.
Joshua Hill has made a claim for interest and he and the first respondent have agreed for interest of $2,000 to be payable to him. Spencer Tupaea has no claim for interest.
EVIDENCE
Documentary evidence
The following documents were in evidence before the Personal Injury Commission (Commission) and considered in making this determination:
(a) Application in Respect of Death of Worker and attached documents;
(b) first respondent’s reply;
(c) second respondent’s reply;
(d) Application to admit late documents filed by applicant dated 18 January 2024;
(e) Application to admit late documents filed by the first respondent dated
20 February 2024, and(f) two applications to admit late documents filed by the second respondent dated
26 February 2024.
Oral evidence
There was no oral evidence.
FINDINGS AND REASONS
The deceased’s mother, Lorraine Betty Grace, and her father, Colin Grace, have provided statutory declarations dated 30 May 2023 advising that they do not wish to make a claim for compensation.
On 2 June 2023 Ruth Lorraine Grace, the sister of the deceased, made a statutory declaration confirming that she was not financially dependent on the deceased and does not wish to make a claim for compensation.
On 5 June 2023 Timothy Colin Grace, the brother of the deceased, made a statutory declaration confirming that he was not financially dependent on the deceased and does not wish to make a claim for compensation.
That the deceased’s former partner Joseph Apiata Tupaea has provided a statutory declaration dated 22 December 2023 advising he does not wish to make a claim for compensation.
On 24 February 2024 Rebekah Lorraine Grace, the sister of the deceased, signed a statutory declaration confirming that she was not financially dependent on the deceased and does not wish to make a claim for compensation.
I am satisfied that only Joshua Hill and Spencer Colin Taepoihakena Tupaea were dependent for support on the deceased at the time of her death. Spencer is now an adult and is legally represented. Mr Hill is also legally represented. They have agreed to an apportionment of the lump sum on a 50/50 basis and I approve the same as it is in the range for the apportionment of the lump sum and each are adults and legally represented.
The funeral expenses were paid partly by Mr Hill using money raised through a Go-Fund me account and partly by Colin Grace. In these circumstances, Mr Hill does not seek reimbursement of his share of the funeral expenses. The insurer has agreed to reimburse to Colin Grace $4,611.47 for the funeral expenses he paid.
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