Kidd v State of New South Wales (Fire & Rescue NSW)
[2024] NSWPIC 303
•7 June 2024
| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Kidd v State of New South Wales (Fire & Rescue NSW) & Ors [2024] NSWPIC 303 |
| APPLICANT: | Rebecca Jayne Kidd |
| FIRST RESPONDENT: | State of New South Wales |
| SECOND RESPONDENT: | Samantha Jayne Kidd |
| THIRD RESPONDENT: | Lachlan John Kidd |
| PRINCIPAL MEMBER: | Josephine Bamber |
| DATE OF DECISION: | 7 June 2024 |
| CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987; section 25(1)(a); approval of agreed apportionment of lump sum; no issues in dispute; approval made on basis of factual evidence; no matter of principle discussed; injury in the course of employment as a firefighter resulted in death; the compensation payable by State of New South Wales upon the death of the deceased is $901,600; the deceased’s wife was dependent for support upon the deceased worker at the date of his death; no other persons dependent for support upon the deceased worker at the date of his death who seek to make a claim for compensation; the deceased’s children resided with the deceased but do not wish to make a claim for compensation; Held – first respondent is to pay to the deceased’s wife the amount of $901,600; respondent is to pay the applicant’s costs as agreed or assessed. |
| DETERMINATIONS MADE: | The Commission determines: 1. That Michael John Kidd died on 12 December 2023 from injury in the course of his employment with the first respondent, State of New South Wales as a firefighter. 2. That the compensation payable by State of New South Wales upon the death of the deceased in accordance with s 25(1)(a) of the Workers Compensation Act 1987 is $901,600. 3. That Rebecca Jayne Kidd, the deceased’s wife was dependent for support upon the deceased worker at the date of his death. 4. That there were no other persons dependent for support upon the deceased worker at the date of his death who seek to make a claim for compensation. 5. Samantha Jayne Kidd and Lachlan John Kidd resided with the deceased, their father, and Rebecca Jayne Kidd, their mother, as at the time of the deceased’s death but do not wish to make a claim for compensation. 6. Pursuant to s 29 and s85A(1)(a) of the Workers Compensation Act 1987 the first respondent is to pay to Rebecca Jayne Kidd the amount of $901,600. 7. Respondent is to pay the applicant’s costs as agreed or assessed. |
STATEMENT OF REASONS
BACKGROUND
Michael John Kidd tragically died on 12 December 2023 in the course of his employment with the first respondent, State of New South Wales, as a fire fighter. Liability has been admitted in relation to his injury and death.
The applicant, Rebecca Jayne Kidd, is the widow of Michael John Kidd. The second respondent, Samantha Jayne Kidd, is their daughter and the third respondent, Lachlan John Kidd is their son.
In the Application in Respect to the Death of a Worker it is sought for the Personal Injury Commission (the Commission) to make orders in respect of apportionment of the lump sum payable by the first respondent upon the death of the deceased in accordance with s 25(1)(a) of the Workers Compensation Act 1987 of the amount of $901,600.
A preliminary conference was held on 31 May 2024. Ms Jesica Sharma, solicitor, appeared for the applicant, who was present. Ms Brooke Dyson, solicitor, appeared for the first respondent with James Monteverdi and Aaron RB from the insurer.
The second and third respondents have executed statutory declarations waiving any potential rights they have to make a claim for compensation in respect to the lump sum payable of the death of the worker.
EVIDENCE
Documentary evidence
The following documents were in evidence before the Commission and considered in making this determination:
(a) Application in Respect of Death of Worker and attached documents and
(b) first respondent’s reply.
Oral evidence
There was no oral evidence.
FINDINGS AND REASONS
On 29 February 2024 Samantha Jayne Kidd and Lachlan John Kidd each swore statutory declarations confirming that they have been advised about the potential to make claims as dependents of the deceased and to seek an apportionment of the lump sum compensation payable in respect to the death of the deceased.
They both have stated that they have been advised that they should seek independent legal advice and that they do not wish to do so. They have each stated that they do not wish to appear or be represented in the proceedings before the Commission.
Given they are both adults, I have considered their wishes and have not apportioned any part of the lump sum compensation to them.
The only person making a claim for dependency and compensation is Rebecca Jayne Kidd, the mother of Samantha Jayne Kidd and Lachlan John Kidd, with whom they reside in the family home they shared with the deceased.
Belinda Ferris and Elizabeth Anne Kidd, the sisters of the deceased, have provided statutory declarations sworn on 23 February 2023 [sic, 2024] and 23 March 2024 respectively also advising that they seek to make no claim for dependency and they does not wish to seek independent legal advice or be represented in the proceedings before the Commission.
I have taken into account all of the documents before the Commission including the information in the letter dated 27 March 2024 from Ms Sharma, the solicitor representing the applicant. Accordingly, I have ordered that the first respondent pay the entire lump sum to the applicant, Rebecca Jayne Kidd.
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