Public Trustee (WA) v State Energy Commission [1979] HCA 4

Public Trustee (WA) v State Energy Commission [1979] HCA 4

The majority held that McPherson's progressive boilermaker's deafness, caused by exposure to noise over many years, was not personal injury by accident within s. 7. Because he was not disabled from earning full wages, he could not recover under s. 8 for the Third Schedule disease of noise induced hearing loss. Sections 7A and 7B did not create an independent entitlement to compensation or deem the gradual hearing loss to be an injury by accident. The Board therefore erred in awarding compensation under s. 7(3) and the Second Schedule, and the appeal was dismissed.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal and Appeal in a Workers' Compensation Matter / High Court of Australia; Special Leave Granted; Appeal From the Full Court of the Supreme Court of Western Australia Dismissed
Outcome
Application for special leave to appeal granted; appeal dismissed with costs.
Legal Topics
['noise Induced Hearing Loss' "boilermaker's Deafness" 'personal Injury by Accident' "disease Under Workers' Compensation Legislation" 'disablement From Earning Full Wages' 'lump Sum Compensation Under Second Schedule' "case Stated by Workers' Compensation Board"]
["workers' Compensation" 'statutory Interpretation'] ['noise Induced Hearing Loss' "boilermaker's Deafness" 'personal Injury by Accident' "disease Under Workers' Compensation Legislation" 'disablement From Earning Full Wages' 'lump Sum Compensation Under Second Schedule' "case Stated by Workers' Compensation Board"]

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Procedural Posture

Application for Special Leave to Appeal and Appeal in a Workers' Compensation Matter / High Court of Australia; Special Leave Granted; Appeal From the Full Court of the Supreme Court of Western Australia Dismissed

Legal Issues

  1. 1 ["Whether gradually progressive noise induced hearing loss suffered by a boilermaker was a personal injury by accident within s. 7 of the Workers' Compensation Act, 1912-1973 W.A." 'Whether ss. 7A and 7B deemed noise induced hearing loss to be an injury by accident or created an independent basis of liability.' 'Whether the worker, who was not disabled from earning full wages, could obtain lump sum compensation under s. 7(3) and the Second Schedule.' "Whether the Workers' Compensation Board erred in awarding 56.1 per cent of the amount applicable to total loss of hearing."]

Ratio Decidendi

The majority held that McPherson's progressive boilermaker's deafness, caused by exposure to noise over many years, was not personal injury by accident within s. 7. Because he was not disabled from earning full wages, he could not recover under s. 8 for the Third Schedule disease of noise induced hearing loss. Sections 7A and 7B did not create an independent entitlement to compensation or deem the gradual hearing loss to be an injury by accident. The Board therefore erred in awarding compensation under s. 7(3) and the Second Schedule, and the appeal was dismissed.

Court Disposition

Application for special leave to appeal granted; appeal dismissed with costs.

Orders

  • ['Application for special leave to appeal granted.' 'Appeal dismissed with costs.']