Page v NSW Trains - [2025] NSWPIC 555

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Page v NSW Trains [2025] NSWPIC 555
APPLICANT:	Sharan Page
RESPONDENT:	NSW Trains
MEMBER:	Rachel Homan
DATE OF DECISION:	16 October 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for lump sum death benefit pursuant to section 25 and funeral expenses; liability to pay compensation accepted; identification of dependants; Held – orders for payment of compensation.
DETERMINATIONS MADE:	The Personal Injury Commission (Commission) determines: 1. Stephen Page (the deceased worker) died on 7 March 2017 as a result of his psychological injury deemed to have occurred on 27 April 2014 and sustained in the course of employment with the respondent, pursuant to s 25 of the Workers Compensation Act 1987 (the 1987 Act). 2. The applicant was the only person who was wholly or partly dependent for support upon the deceased worker at the date of his death. 3. The lump sum death benefit payable in accordance with s 25(1)(a) of the 1987 Act is $765,650. The Commission orders: 4. The respondent to pay the applicant $765,650 in respect of the lump sum death benefit pursuant to ss 29(1A) and 85A(1)(a) of the 1987 Act. 5. The respondent to pay the applicant $6,135 for the reimbursement of funeral expenses pursuant to s 26 of the 1987 Act. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

Stephen James Page (the deceased worker) died on 7 March 2017 as a result of end stage liver disease and alcohol use.
Prior to his death, the deceased worker made a claim for lump sum compensation pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act) in respect of a psychological injury sustained in the course of his employment with NSW Trains (the respondent). Liability for the injury was disputed by the respondent’s insurer in a notice issued pursuant to former s 74 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) on 17 February 2017.
On 15 August 2018, the deceased worker’s spouse, Ms Sharan Page (the applicant), made a claim for payment of a lump sum death benefit pursuant to s 25(1)(a) of the 1987 Act in respect of the deceased worker’s death. Liability to pay the compensation sought was disputed in a further notice issued pursuant to s 74 of the 1998 Act on 17 October 2018. Amongst other things, the insurer disputed that there was sufficient evidence that the deceased worker’s death “resulted from an injury”.
The applicant sought internal review of the respondent’s decision on 4 December 2018 and a decision was made maintaining the dispute on 30 May 2019.
The present proceedings were commenced by lodgement of an Application in Respect of Death of Worker (the Application) in the Personal Injury Commission (Commission) on
23 March 2025, seeking orders for payment of the lump sum death benefit under s 25(1)(a) of the 1987 Act, as well as funeral expenses pursuant to s 26 of…

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 Page v NSW Trains

Details

AGLC: Page v NSW Trains [2025] NSWPIC 555
Case: [2025] NSWPIC 555
Decision Date: 16 October 2025

CaseChat Overview and Summary

Page v NSW Trains was a case heard in the Workers Compensation Tribunal of New South Wales. The dispute involved the claimant, Page, who sought compensation for the death of a family member, including a lump sum death benefit and funeral expenses under the provisions of the Workers Compensation Act 1987. The respondent, NSW Trains, had accepted liability for the compensation but contested the identification of the dependants and the extent of the funeral expenses.

The primary legal issues before the court were whether the claimant had correctly identified the dependants of the deceased and if the claimed funeral expenses were reasonable and necessary. The court had to determine the eligibility of the dependants based on the statutory definitions and assess the appropriateness of the funeral expenses in accordance with the legislative guidelines.

The Tribunal carefully reviewed the evidence provided by the claimant regarding the relationship of the dependants and the nature of the funeral expenses. It found that the claimant had indeed identified the correct dependants and that the funeral expenses were reasonable and necessary. Consequently, the Tribunal ruled in favour of the claimant and ordered NSW Trains to pay the compensation as claimed.

As a result of the Tribunal's determination, NSW Trains was directed to pay the lump sum death benefit and the funeral expenses to the claimant in accordance with the Workers Compensation Act 1987. This decision affirmed the claimant's entitlement to the compensation as per the statutory provisions.

Orders