ZKM Pty Ltd v Chen

ZKM Pty Ltd was involved in a legal dispute with Chen concerning the apportionment of a lump sum death benefit and related payments. The dispute arose following the death of a worker, and the matter was heard by the Workers Compensation Regulator, which is part of the New South Wales Civil and Administrative Tribunal. The central issue before the court was the identification of the deceased worker's dependants and the subsequent distribution of the lump sum death benefit. Additionally, Chen sought orders for the payment of interest on the lump sum in accordance with section 109 of the Workplace Injury Management and Workers Compensation Act 1998. The court was also required to determine whether any delay in making the claim was justified and whether there were grounds for an alternative order under section 235B of the 1998 Act.

The court found that Chen was the sole dependant of the deceased worker. The adult children of the deceased had elected not to claim a portion of the lump sum. As a result, Chen was entitled to the entire lump sum death benefit. Regarding the interest on the lump sum, the court determined that interest should be paid from the date the claim was lodged until the initial teleconference at a rate of 2% above the Reserve Bank of Australia cash rate. The court did not make an order pursuant to section 235B of the 1998 Act, as there were no compelling grounds to do so.

In summary, the court ruled in favour of Chen, confirming her status as the sole dependant and ordering the payment of the lump sum death benefit. Additionally, the court ordered interest to be paid on the lump sum from the date the claim was lodged until the initial teleconference. No alternative order was made under section 235B of the 1998 Act.