WORKERS COMPENSATION COMMISSION
CERTIFICATE OF DETERMINATION
(Issued in accordance with section 294 of the Workplace Injury Management and Workers Compensation Act 1998)
MATTER NO:
APPLICANT:
RESPONDENT:
DATE OF DETERMINATION:
CITATION:
005531/13
Christine Luxford
MCS Investments Pty Ltd
17 October 2013
[2013] NSWWCC 393
The Commission determines:
1.
In April 2008 Mr Luxford (the deceased) sustained fatal injuries whilst in the course of his
employment
2.
The only dependant person on the deceased at the time of his death was his wife,
Ms Christine Luxford. The children of the marriage were not dependant on the deceased at
the time of death.
3.
The respondent is directed to pay lump sum compensation pursuant section 25 and section
26 of the Workers Compensation Act 1987, in full to Ms Christine Luxford or her legal
representative.
4.
The respondent is to pay the applicants costs as agreed or assessed.
A brief statement is attached to this determination setting out the Commission’s reasons for the
determination.
I CERTIFY THAT THIS PAGE AND THE FOLLOWING PAGES IS A TRUE AND
ACCURATE RECORD OF THE CERTIFICATE OF DETERMINATION AND REASONS FOR
DECISION OF E BEILBY, ARBITRATOR, WORKERS COMPENSATION COMMISSION.
Abu Sufian
Senior Dispute Services Officer
By Delegation of the Registrar
DOC78
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V3.0711
STATEMENT OF REASONS
BACKGROUND
1.
In 1978, the applicant, Mrs Christine Luxford, married the Victor Luxford (the deceased).
Together they had five children, namely Michelle, Julie, Brenda, Christopher and Pauline.
2.
In April 2008, the deceased was at a busy recycling plant at Rydalmere. In the course of his
duties he was required to climb on the back of his prime mover in order to disconnect the
trailer from the articulation table. Sadly he fell off the top of the prime mover, landing
heavily on the ground, ultimately causing fatal injuries.
FINDINGS AND REASONS
Mrs Christine Luxford
3.
I find that Mrs Chritine Luxford was dependent upon the deceased at the time of his death.
It is clear that there was financial dependency as outlined in the sworn Statutory Declaration
of Mrs Christine Luxford dated 27 March 2013.
4.
Mrs Luxford was medically retired as a result of injuries to her lower back and anxiety in
2000. She has been on a disability pension since 2003/2004
5.
A property was purchased by the deceased and Mrs Luxford in 2000 at Greystanes upon
which there was a mortgage. Both parties contributed financially to the mortgage together
with other bills and expenses.
6.
I find that on the basis of the evidence before me Mrs Christine Luxford was financially
dependant upon the deceased at the time of his death.
Children of the Marriage
Michelle Sneddon
7.
Michelle Sneddon was born on 24 August 1974. Mrs Christine Luxford has provided
evidence in her statutory declaration that Michelle moved out of home when she was
19 years of age and that there has been extremely limited contact following that time.
8.
The applicant’s solicitor, Ms Brooke Ryan has provided evidence by way of a Statutory
Declaration dated 4 October 2013. In that document Ms Ryan outlines contact she has had
with Ms Sneddon to the effect that she did not wish to make a claim nor was she financially
dependant upon the deceased.
9.
I find that Michelle Sneddon was not dependent upon the deceased at the time of his death.
Julie McFadden
10.
Julie McFadden was born on 4 Jun 1979. Mrs Christine Luxford has provided evidence in
her statutory declaration that Julie moved out of home towards the end of 2000. The
statutory declaration of Ms Ryan indicates that she has had communication with Julie to the
effect that she did not wish to make a claim nor was she financially dependent upon the
deceased.
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11.
I find that Julie McFadden was not dependent upon the deceased at the time of his death.
Brenda Luxford
12.
Brenda Luxford was born on 7 July 1980. She currently lives at the Greystanes property
owned by Christine Luxford and the deceased. She has been diagnosed with ovarian cancer.
13.
Whilst living at the property, she has always paid rent, shared bills and groceries.
14.
Ms Brenda Luxford has sworn a Statutory Declaration dated 31 May 2013 wherein she
indicates that that she did not wish to make a claim nor was she financially dependent upon
the deceased.
15. I find that Julie McFadden was not dependent upon the deceased at the time of his death.
Christopher Luxford
16.
Christopher Luxford was born on 21 November 1982. He currently lives at the Greystanes
property owned by Christine Luxford and the deceased.
17.
Whilst living at the property, he has always paid rent, shared bills and groceries.
18.
Mr Christopher Luxford has sworn a Statutory Declaration dated 11 February 2013 wherein
he indicates that that he did not wish to make a claim nor was he financially dependent upon
the deceased.
19.
I find that Christopher Luxford was not dependent upon the deceased at the time of his
death.
Pauline Luxford
20.
Pauline Luxford was born on 17 December 1983. Mrs Christine Luxford has provided
evidence in her statutory declaration that Pauline moved out of home towards the end of
2003. The statutory declaration of Ms Ryan indicates that she has had communication with
Pauline to the effect that she did not wish to make a claim nor was she financially dependent
upon the deceased.
21.
I find that Pauline Luxford was not dependent upon the deceased at the time of his death.
SUMMARY
22.
I therefore find that Mrs Christine Luxford was the only dependant pursuant to section 25 of
the Workers Compensation Act 1987. The children of the marriage were not dependant on
the deceased at the time of death.
23.
The respondent is directed to pay lump sum compensation pursuant section 25 and section
26 of the Workers Compensation Act 1987, in full to Ms Christine Luxford or her legal
representative.
24.
The respondent is to pay the applicants costs as agreed or assessed.
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