Flood victim wins compo after family deaths
A LOCKYER Valley man has been awarded more than $450,000 in compensation for the deaths of his wife who died alongside their two children in the Grantham flood of January 10, 2011.
Danny McGuire and his surviving son Zachary Jibson had filed the claim against the State Government in 2013 claiming hardship following the death of his wife Llync-Chiann Clarke-Jibson, his son Garry, 12, and daughter Jocelyn, 5, during the deadly floods.
In a decision handed down on Friday, Mr McGuire was awarded the compensation figure he said will help set his son up and help the pair move on.
"It doesn't bring them back," Mr McGuire said.
"I've never backed down; I never will back down.
"This is the hardest year for me."
After paying legal fees associated with the more-than-four-year fight, part of the payment will be set up in a trust for Zachary until he is 21 - a clause stipulated by WorkCover to which Mr McGuire agreed.
Mr McGuire said the compensation "opens the door" for negligence charges against the State Government and the Rural Fire Service, and he was determined to continue his push for criminal proceedings.
Mr McGuire was a volunteer with the Rural Fire Brigade and had his family with him in his truck when it was struck by a wall of water in Grantham on January 10, 2011.
Having rescued more than 35 people from floodwaters that day, Mr McGuire was unable to save his wife, his son or his daughter.
He had claimed workers' compensation benefits on the basis his wife was a rural fire brigade member and that her death resulted from injuries received when performing duties as a brigade member.
WorkCover Queensland, in 2014, rejected the claim.
Mr McGuire appealed the decision in the Queensland Industrial Relations Commission where it was argued Miss Clarke-Jibson was not a rural firefighter at the time of her death due to a shortfall in application paperwork.
However that claim was rejected when the QIRC found the appropriate paperwork had been filed and the claim was allowed to proceed.