Sukkar v Adonis Electrics Pty Ltd [2014] NSWCA 459

Sukkar v Adonis Electrics Pty Ltd [2014] NSWCA 459

The amendments to the Workers Compensation Act 1987 (NSW) regarding lump sum compensation for hearing loss apply to claims made on or after 19 June 2012. Each further hearing loss is deemed a new injury by s 17, and only one claim for permanent impairment for each injury may be made; impairments from separate injuries may not be aggregated for threshold purposes. The current claim did not meet the statutory threshold and was not recoverable.

Parties
Applicant: Jamil Sukkar; Respondent: Adonis Electrics Pty Ltd; Intervenor: Workcover Authority of NSW
Jurisdiction
Australia
Judgment Date
22 December 2014
Procedural Posture
Appeal / Judgment on Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted to reformulate answers to referred questions; otherwise, leave refused. Appeal dismissed with costs.
Legal Topics
Permanent Impairment Compensation, Hearing Loss, Effect of Statutory Amendments, Transitional Provisions, Aggregation of Injuries, Interpretation of 'injury' and 'claim'
Workers Compensation Permanent Impairment Compensation Hearing Loss Effect of Statutory Amendments Transitional Provisions Aggregation of Injuries Interpretation of 'injury' and 'claim'

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Parties

Jamil Sukkar

Applicant

Adonis Electrics Pty Ltd

Respondent

Workcover Authority of NSW

Intervenor

Procedural Posture

Appeal / Judgment on Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Do the 2012 amendments to the Workers Compensation Act 1987 (NSW) apply to claims for hearing loss made on or after 19 June 2012 where a prior claim for hearing loss was made before that date?
  2. 2 Can impairments from multiple injurious events resulting in the same pathology be aggregated to determine if the s 66(1) threshold is met?
  3. 3 Interpretation of 'injury', 'claim', and the effect of s 17, s 66(1A), and transitional provisions.

Ratio Decidendi

The amendments to the Workers Compensation Act 1987 (NSW) regarding lump sum compensation for hearing loss apply to claims made on or after 19 June 2012. Each further hearing loss is deemed a new injury by s 17, and only one claim for permanent impairment for each injury may be made; impairments from separate injuries may not be aggregated for threshold purposes. The current claim did not meet the statutory threshold and was not recoverable.

Court Disposition

Leave to appeal granted to reformulate answers to referred questions; otherwise, leave refused. Appeal dismissed with costs.

Orders

  • Grant leave to appeal to the extent necessary to vary the answers given by the Commission to the following:
  • Q1: The amendments apply to claims made on or after 19 June 2012, except unresolved claims specifically for lump sum compensation made before that date.