Kuenzel v Workers Compensation (Dust Diseases) Board of New South Wales [2012] NSWDC 243

District Court New South Wales

Medium Neutral Citation: Kuenzel v Workers Compensation (Dust Diseases) Board of New South Wales [2012] NSWDC 243 Hearing dates: 13 and 14 August 2012 Decision date: 26 October 2012 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Set aside the determination of the Workers' Compensation (Dust Diseases) Board of New South Wales dated on or about 24 August 2011. (2) A finding that the first plaintiff was dependent for support upon the deceased immediately before his death pursuant to section 8(1) of the Act. (3) A finding that the second plaintiff was dependent for support upon the deceased immediately before his death pursuant to section 8(1) of the Act. (4) A finding that the first plaintiff is entitled to compensation from the defendant in accordance with section 8(2) of the Act. (5) A finding that the second plaintiff is entitled to compensation in accordance with section 8(2) of the Act or in the alternative in accordance with section 8(2B) of the Act. (6) Liberty to apply. (7) Exhibits retained for 28 days. Catchwords: WORKERS' COMPENSATION - prior to diagnosis of dust disease disability, worker purchased a home jointly with his daughter and her husband - whether daughter and her infant son "dependent for support" on the worker - turns on own facts Legislation Cited: Workers Compensation Act 1987 (NSW), s 2A Workers' Compensation (Dust Diseases) Act 1942 (NSW), ss 1, 3, 8 and 8I Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 3 Cases Cited: Amaca Pty Ltd v Novek [2009] NSWCA 50 Ball v Newey (1988) 13 NSWLR 489 Goodrich Aerospace Pty Limited v Arsic [2006] NSWCA 187 Middleton v Kiama District Hospital [1970] 3 NSWR 136 Petrohilos v Hunter (1991) 25 NSWLR 343 So v So [2004] NSWCA 67 TNT Group 4 Pty Limited v Halioris & Anor (1987) 8 NSWLR 486 Warilla Timber & Hardware Pty Ltd v Newton (1995) 11 NSWCCR 546 Workers' Compensation (Dust Diseases) Board v Veksans (1993) 32 NSWLR 221 Texts Cited: - Category: Principal judgment Parties: First Plaintiff: Rhonda Kuenzel Second Plaintiff: Cristian Kuenzel by his tutor Rhonda Kuenzel Defendant: The Workers' Compensation (Dust Diseases) Board of New South Wales Representation: Plaintiffs: Mr S Tzouganatos Defendant: Mr J Sheller / Mr T Holmes Plaintiff: Turner Freeman Lawyers Defendant: WorkCover Authority of NSW Legal Group File Number(s): RJ00268/12 Publication restriction: None