Toll North Pty Ltd AND Q-COMP & Anor (B/2013/32)

Toll North Pty Ltd AND Q-COMP & Anor (B/2013/32)

DECISION

[1] Toll North Pty Ltd, the Applicant in this matter, is a licensed self-insured employer under the Workers’ Compensation and Rehabilitation Act 2003 (“WCR Act”).

[2] On 28 November 2012, the Applicant received an application for compensation from Mrs Fiona Anne Lamb (“the claimant”) on behalf of a deceased worker, Mr William Gray Lamb, arising out of a motor vehicle accident which occurred on 14 November 2012.1

[3] Mr Lamb was at the relevant time employed by the Applicant as a full-time permanent truck driver when he sustained fatal injuries as a consequence of his truck collided with another truck.

[4]      At the time of death, Mr Lamb was married to Mrs Fiona Lamb and had two children from that marriage, Master Callum Walter Lamb (7 years of age) and Miss Ellie Lamb (5 years of age). Mr Lamb had another child from his first marriage to Ms Keryn Lamb: Miss Tyler Alice Lamb (17 years).

[5]      On 7 March 2013 the Applicant issued its Reasons for Decision and concluded that Mrs Lamb and her two children, Master Callum Lamb and Miss Ellie Lamb, were 60% partially dependent and Miss Tyler Lamb was 17.69% partially dependent on the deceased.2

[6]      On 16 April 2013, Mrs Fiona Lamb made an Application for Claim Review with Q-COMP.3

[7] Q-COMP issued its decision on 5 June 2013, setting aside the Applicant’s decision and substituting it with a new decision that Master Callum Lamb, Miss Ellie Lamb, and Miss Tyler Lamb were totally dependent upon the deceased and Mrs Fiona Lamb was partially dependent on the deceased in accordance with ss. 200 and 201 of the WCR Act.

 

David Cormack – Brisbane Barrister. 

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