In Greenall v Amaca Pty Ltd [2024] QCA 132, the Court considered whether the first appellant, as the legal personal representative (LPR) of the deceased Walter Greenall, could pursue a wrongful death claim for the benefit of his widow, Audrey Greenall. The primary question was whether section 237 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) abolished the right to bring such a claim. The deceased had inhaled asbestos during his employment with the first respondent, leading to his diagnosis of mesothelioma and subsequent death. The court ultimately dismissed the appeal, concluding that section 237 clearly limited the entitlement to seek damages to the deceased worker or a legally defined dependant. The judges found that since the widow did not meet the definition of a dependant under the Act, the appeal for wrongful death damages could not be maintained, reinforcing the legislative intent to regulate rights and liabilities related to workers’ compensation comprehensively. Each party was granted the opportunity to submit further costs submissions within 14 days following the publication of the court's decision.
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