Scanlon v Powercoal [2001] NSWCC 130

Scanlon v Powercoal [2001] NSWCC 130

S 71 of the Act, preserved for coalminers, entitles the applicant to aggregate successive losses of hearing for the purpose of satisfying the threshold for compensation for pain and suffering under s 67, even when the losses arose during different employments. Therefore, the applicant can receive lump sum...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 June 2001
Procedural Posture
Compensation Claim / Judgment at First Instance
Outcome
Award in favour of the applicant.
Legal Topics
['industrial Deafness' 'lump Sum Compensation' 'pain and Suffering' "coalminers' Compensation" 'aggregation of Claims']
['workers Compensation' 'industrial Law'] ['industrial Deafness' 'lump Sum Compensation' 'pain and Suffering' "coalminers' Compensation" 'aggregation of Claims']

Source-derived case record

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Procedural Posture

Compensation Claim / Judgment at First Instance

Legal Issues

  1. 1 ['Whether coalminers are entitled to aggregate claims for lump sum compensation under s 66 to surmount the threshold for compensation under s 67 despite the repeal of s 71.' "Whether the repeal of s 71 affects coalminer's ability to claim compensation for pain and suffering after aggregating successive losses." 'Interpretation of legislation and regulations concerning exemptions for coalminers.']

Ratio Decidendi

S 71 of the Act, preserved for coalminers, entitles the applicant to aggregate successive losses of hearing for the purpose of satisfying the threshold for compensation for pain and suffering under s 67, even when the losses arose during different employments. Therefore, the applicant can receive lump sum compensation for the additional loss and also for pain and suffering, as his total loss exceeds the relevant threshold.

Court Disposition

Award in favour of the applicant.

Orders

  • ['The applicant is awarded compensation under s 66 for $1,977.89 for 2.3% additional binaural hearing loss.' 'Under s 67, the applicant is awarded $9,000 for pain and suffering.' "The respondent is to pay the applicant's costs, including a fee for preparation of written submissions."]