Strasburger Enterprises (Properties) Pty Ltd v Great

[2022] NSWPIC 602

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Strasburger Enterprises (Properties) Pty Ltd v Great [2022] NSWPIC 602
APPLICANT:	Strasburger Enterprises (Properties) Pty Ltd
RESPONDENT:	Steven George Great
SENIOR Member:	Kerry Haddock
DATE OF DECISION:	31 October 2022
CATCHWORDS:	WORKERS COMPENSATION - Claim for interest on lump sum death benefit pursuant to section 109(1) of the Workplace Injury Management and Workers Compensation Act 1998; claim for interest made at preliminary conference; findings and orders for payment of lump sum death benefit made at preliminary conference; directions made for provision of submissions on claim for interest and parties were advised that determination “on the papers” would be made at conclusion of time for provision of submissions; respondent failed to comply with timetable for submissions, failed to request an extension of time and failed to respond to a revised timetable communicated by email; parties were advised that, should submissions not be received in compliance with revised timetable the claim for interest would be dismissed; Held – the claim for interest is dismissed pursuant to section 54(a) of the Personal Injury Commission Act 2020.
determinations made:	1. The application for interest on the lump sum death benefit, pursuant to s 109 (1) of the Workplace Injury Management and Workers Compensation Act 1998, is dismissed, pursuant to s 54 (a) of the Personal Injury Commission Act 2020.

STATEMENT OF REASONS

BACKGROUND

1. The worker, Karen Leah Great (Ms Great), was employed by the applicant, Strasburger Enterprises (Properties) Pty Ltd, as a service station manager. Ms Great died on
   12 May 2019, as a result of injury arising out of or in the course of her employment with the applicant.

2. The respondent, Steven George Great (Mr Great), is Ms Great’s widower. He has made a claim for payment of the lump sum death benefit, pursuant to s 25 of the Workers Compensation Act 1987 (the 1987 Act).

3. The applicant’s workers compensation insurer, AAI Ltd t/as GIO, accepted liability for the respondent’s claim on 8 April 2022.

1. The applicant lodged an Application in Respect of Death of a Worker (the Application) on
   4 May 2022.

2. The respondent lodged his Reply as an attachment to an Application to Admit Late Documents dated 27 May 2022.

ISSUES FOR DETERMINATION

1. The following issue remains in dispute:

   (a)    whether the respondent is entitled to interest on the death benefit, and, if so, the period during which, and the rate at which, it is to be paid.

PROCEDURE BEFORE THE COMMISSION

1. The matter was listed for telephone conference before me on 2 June 2022. Mr Harris appeared for the applicant; and Ms Flanagan appeared for the respondent. Ms Morgan of GIO and Ms Dean of iCare also attended. 

2. Findings and orders were made, providing for the lump sum death benefit to be paid to
   Mr Great. Mr Great sought to make a claim for interest on the lump sum, pursuant to s 109(1) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act). He requested a period of seven days in which to provide submissions on this claim. 

3. The applicant did not oppose leave being granted to the respondent to claim interest on the lump sum but advised that it would oppose any such claim. The respondent was therefore granted leave to claim interest on the lump sum.

4. I directed the respondent to file and serve his submissions on the claim for interest on or before 9 June 2022; and the applicant to file and serve its submissions on or before
   16 June 2022. The respondent was to file and serve any submissions in reply on or before 23 June 2022. The parties were advised that, at the conclusion of the time allowed for submissions, the claim for interest would be determined “on the papers”.

5. The respondent has not filed any submissions in support of his claim for interest.

6. On 14 October 2022, I caused the following email to be sent to the parties:

   “Member Haddock has requested that the parties be advised as follows:

   The respondent was directed to file and serve submissions in respect of his claim for interest on or before 9 June 2022. No submissions have been received.

   The time for filing submissions by the respondent is extended to 21 October 2022. Should his submissions not be received by that date, the claim for interest will be dismissed.”

7. The respondent’s submissions were not received by 21 October 2022. No request for an extension of time has been received, and no submissions have been provided.

FINDINGS AND REASONS

1. The respondent has failed to comply with the direction for submissions. He has failed to respond to the Commission’s email of 14 October 2022.

2. Section 54(1) of the Personal Injury Commission Act 2020 (the PIC Act) provides:

   “The Commission may at any stage dismiss proceedings before it--

   (a)     if it is satisfied that the proceedings have been abandoned, or

   (b)     if it is satisfied that the proceedings are frivolous or vexatious or otherwise misconceived or lacking in substance, or

   (c)     for any other ground of dismissal specified in the Commission rules.”

3. The respondent has had over four months to provide his submissions in support of his claim for interest. He has done nothing to advance his claim over that period.

4. I am satisfied that the respondent’s claim for interest on the lump sum has been abandoned.  As that is the only matter outstanding, it is appropriate that the proceedings be dismissed.  

5. The orders are set out in the Certificate of Determination.