Turner v Essential Energy - [2023] NSWPIC 79

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Turner v Essential Energy [2023] NSWPIC 79
APPLICANT:	Donna Tracey Turner
RESPONDENT:	Essential Energy
Member:	Rachel Homan
DATE OF DECISION:	2 March 2023
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; application for lump sum death benefit; identification of dependants; application for discretionary interest; when claim duly made; appropriate rate of interest; Held – liability to pay compensation conceded; the applicant was the only dependant of the deceased worker; orders for payment of the lump sum pursuant to sections 25(1)(a), 29(1A) and 85A; award for discretionary interest from date full particulars of dependence provided at 2% above Reserve Bank of Australia cash rate.
determinations made:	1. The deceased worker, Michael Anthony Turner, died on 3 June 2016 as a result of an injury arising out of his employment with the respondent. 2. Donna Tracey Turner (the applicant) was a dependant of the deceased worker who was partly dependent for support upon him at the date of his death. 3. There were no other persons wholly or partly dependent for support upon the deceased worker at the date of death. 4. Pursuant to s 29(1A) of the Workers Compensation Act 1987 the whole of the lump sum death benefit is to be paid to the applicant. 5. The lump sum death benefit payable in accordance with s 25(1)(a) of the Workers Compensation Act 1987 is $760,000
ORDERS MADE:	1. The respondent to pay $760,000 to the applicant pursuant to s 85A(1)(a) of the Workers Compensation Act 1987. 2. Pursuant to s 109 of the Workplace Injury Management and Workers Compensation Act 1998, the respondent to pay the applicant interest on the lump sum death benefit as follows: (a) from 19 January 2023 to 7 February 2023 at the rate of 5.10% per annum, and (b) from 8 February 2023 to the date of this Certificate of Determination at the rate of 5.35% per annum.

STATEMENT OF REASONS

BACKGROUND

Mr Michael Anthony Turner (the deceased worker) died as a result of an injury arising out of his employment with Essential Energy (the respondent) on 3 June 2016. The deceased worker was 51 years old at the time of his death. Liability to pay compensation in respect of the death has been accepted by the respondent’s insurer.
Ms Donna Tracey Turner (the applicant) lodged an Application in Respect of Death of Worker (the Application) on 7 September 2022 seeking orders for payment of the lump sum death benefit payable under s 25(1)(a) of the Workers Compensation Act 1987 (the 1987 Act) pursuant to s 85A of the 1987 Act. The applicant was the deceased worker’s spouse.

PROCEDURE BEFORE THE COMMISSION

The parties appeared at preliminary conference on 2 November 2022. At that date, liability to pay compensation remained in dispute. Directions were made to enable the lodgement of additional evidence, including evidence of attempts to contact any other member of the deceased worker’s family who may have been dependent on him for support.

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 Turner v Essential Energy

Details

AGLC: Turner v Essential Energy [2023] NSWPIC 79
Case: [2023] NSWPIC 79
Decision Date: 2 March 2023

CaseChat Overview and Summary

Turner v Essential Energy involved the applicant, Turner, seeking a lump sum death benefit and a discretionary interest under the Workers Compensation Act 1987 from Essential Energy, the respondent. The deceased worker, who was covered by the Act, passed away, and Turner, his partner, applied for the compensation and interest due to her status as a dependant. The dispute centred on whether Turner was the sole dependant, the proper rate for the discretionary interest, and the date from which the interest should accrue.

The legal issues required the court to determine the correct identification of the deceased worker's dependants, the applicable statutory provisions for the lump sum benefit, and the appropriate rate and start date for the discretionary interest. Turner contended she was the sole dependant, and Essential Energy did not dispute this assertion. The court needed to ascertain whether the claim for the lump sum and discretionary interest was made within the prescribed time limits and in accordance with the statutory requirements.

The court concluded that Turner was indeed the only dependant of the deceased worker, thus entitling her to the lump sum benefit. The claim for the discretionary interest was duly made, and the appropriate rate was set at 2% above the Reserve Bank of Australia cash rate from the date full particulars of dependence were provided. The court held that the statutory provisions were correctly applied, and the interest was to be calculated from the date Turner supplied full details of her dependence. Consequently, the court ordered the payment of the lump sum benefit and the discretionary interest as claimed.

The final orders of the court mandated Essential Energy to pay the lump sum death benefit to Turner and to apply the discretionary interest at the specified rate from the date full particulars of dependence were provided. Turner was thus entitled to receive both the lump sum and the interest as per the statutory provisions and the court’s determination.

Orders