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Death claims

* 1987 Act Section 25 Death of worker leaving dependants >>

* Workcover Operational Instructions on Death claims February 2010 >>

G & D Brown/Reola Partners [QBE] v Dutoit & ors [2008] NSWWCCPD 1. Byron DP. 02.01.08.

The deputy president said [128]: "The fact of dependency of the Morrisons is determined at the date of death of their father: Grant v Dick Benbow & Associates [2000] NSWCC 44Grubisich v Broken Hill South Ltd [1932] WCR 2160.

"It is the extent of that dependency at the date of death that is determined by taking into account 'past happenings and future probabilities': Aafjes (above); Jeffrey v Commissioner for Government Transport [1957] 57 SR (NSW) 634.

"The compensation specified in s 25 becomes payable upon the worker's death and where he leaves dependants who are wholly reliant upon him for support, at the time of his death. The amounts specified are payable by reason of those events, regardless of whether all or only some of the dependants make a claim: Bosnyak v Wroblewski [1974] HCA 45; (1974) 132 CLR 122."

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