COAL AND ALLIED OPERATIONS PTY LTD v COLLINS [1989] NSWCA 38

COAL AND ALLIED OPERATIONS PTY LTD v COLLINS [1989] NSWCA 38

It is sufficient under s7(4) that the employment is to the nature of which the disease is due, which is a factual question. The judge was entitled to find that the work in question exposed the respondent to noise levels apt to cause the disease, satisfying the statutory requirement irrespective of the respondent's pre-existing susceptibility and under the established authorities.

Parties
Appellant: Coal and Allied Operations Pty Ltd; Respondent: Collins
Jurisdiction
Australia
Judgment Date
11 August 1989
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Pre Employment Defect, Hearing Loss, S7(4) Workers Compensation Act, Last Employer Liability, Disease Contracted by Gradual Process
Workers' Compensation Employment Law Pre Employment Defect Hearing Loss S7(4) Workers Compensation Act Last Employer Liability Disease Contracted by Gradual Process

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Parties

Coal and Allied Operations Pty Ltd

Appellant

Collins

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the respondent's employment with the appellant was employment to the nature of which the worker's disease (boilermaker's deafness) was due under s7(4) of the Workers Compensation Act 1926.
  2. 2 Whether individual susceptibility of the employee to injury affects the determination of liability under s7(4).

Ratio Decidendi

It is sufficient under s7(4) that the employment is to the nature of which the disease is due, which is a factual question. The judge was entitled to find that the work in question exposed the respondent to noise levels apt to cause the disease, satisfying the statutory requirement irrespective of the respondent's pre-existing susceptibility and under the established authorities.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.