Kang Trans Pty Ltd v Kaur

[2022] NSWPIC 48

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Kang Trans Pty Ltd v Kaur [2022] NSWPIC 48

APPLICANT:

Kang Trans Pty Ltd

FIRST RESPONDENT:

Jagdish Kaur

SECOND RESPONDENT:

Vijay Kumar as tutor of Harkirat Kaur

THIRD RESPONDENT:

Harjeet Kaur as tutor Parleen Kaur

FOURTHRESPONDENT:

Navjot Singh as tutor of Simran Kaur

MEMBER:

Glenn Capel

DATE OF DECISION:

7 February 2022

CATCHWORDS:

WORKERS COMPENSATION - Death claim; determination of dependency; apportionment; payment of death benefit and interest; TNT Group 4 Pty Limited v Halioris, Kaur v Thales Underwater Systems Pty Ltd and Wratten v Kirkpatrick & Ors discussed and applied; Held - death benefit and agreed interest apportioned and orders for payment.

DETERMINATIONS MADE:

1.     The deceased worker, Baljinder Singh, died on 1 February 2021 as a result of injuries sustained during the course of his employment with the applicant.

2.     Jagdish Kaur, Harkirat Kaur, Parleen Kaur and Simran Kaur were wholly dependent for support upon the deceased at the date of death.

3.     The deceased had no other persons dependent on him.

4.     The applicant is liable for the payment of lump sum compensation and interest.

ORDERS MADE:

5.     The names of the second, third and fourth respondents are amended to Vijay Kumar as tutor of Harkirat Kaur, Harjeet Kaur as tutor Parleen Kaur and Navjot Singh as tutor of Simran Kaur respectively.

6. The lump sum compensation of $834,200 payable pursuant to section 25(1)(a) of the Workers Compensation Act1987 is to be apportioned in accordance with section 29 of the Workers Compensation Act1987 as follows:

(a) $557,300 to Jagdish Kaur;

(b) $78,000 to Harkirat Kaur;

(c) $62,400 to Parleen Kaur, and

(d) $136,500 to Simran Kaur.

7. The interest in the agreed sum of $5,000 payable pursuant to section 109 of the Workplace Injury Management and Workers Compensation Act1998 is to be apportioned as follows:

(a)    $3,340.50 to Jagdish Kaur;

(b)    $467.50 to Harkirat Kaur;

(c)    $374 to Parleen Kaur, and

(d)    $818 to Simran Kaur.

8. The applicant is to pay lump sum compensation and interest in the sum of $560,640.50 to Jagdish Kaur pursuant to section 85A(1)(a) of the Workers Compensation Act1987 and section 109 of the Workplace Injury Management and Workers Compensation Act1998.

9. The applicant is to pay lump sum compensation and interest in the sum of $78,467.50 to the New South Wales Trustee and Guardian to hold on trust until Harkirat Kaur attains the age of 18 years pursuant to section 85(1)(c) of the Workers Compensation Act1987 and section 109 of the Workplace Injury Management and Workers Compensation Act1998.

10. The applicant is to pay lump sum compensation and interest in the sum of $62,774 to the New South Wales Trustee and Guardian to hold on trust until Parleen Kaur attains the age of 18 years pursuant to section 85(1)(c) of the Workers Compensation Act1987 and section 109 of the Workplace Injury Management and Workers Compensation Act1998

11. The applicant is to pay lump…