Cassidy v Duncan & Associates Pty Ltd [2001] NSWCC 7

Cassidy v Duncan & Associates Pty Ltd [2001] NSWCC 7

The administrative change under which the applicant invoiced as Alpalm Security did not alter the substance of his work, and in any event he was entitled to be considered a deemed worker. His unchallenged evidence, supported by the circumstances of the construction site and the medical panel certificate, established on the balance of probabilities that he was employed by the respondent in conditions carrying a real risk of inducing boilermaker's deafness or deafness of the like origin, causing 11.8 per cent binaural hearing loss.

Jurisdiction
Australia
Judgment Date
28 February 2001
Procedural Posture
Workers Compensation Claim for Lump Sum Compensation for Binaural Hearing Loss / Ex Tempore Judgment After Hearing
Outcome
Award for the applicant.
Legal Topics
['lump Sum Compensation' 'industrial Deafness' "boilermaker's Deafness" 'employee Status' 'deemed Worker' 'evidentiary Onus']
['workers Compensation'] ['lump Sum Compensation' 'industrial Deafness' "boilermaker's Deafness" 'employee Status' 'deemed Worker' 'evidentiary Onus']

Case Brief

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Procedural Posture

Workers Compensation Claim for Lump Sum Compensation for Binaural Hearing Loss / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the applicant was an employee or deemed worker of the respondent at the deemed date of injury on 6 December 1999.' "Whether the applicant was employed by the respondent in conditions carrying a real risk of inducing boilermaker's deafness or deafness of the like origin." 'Whether the applicant was entitled to lump sum compensation for 11.8 per cent binaural hearing loss.']

Ratio Decidendi

The administrative change under which the applicant invoiced as Alpalm Security did not alter the substance of his work, and in any event he was entitled to be considered a deemed worker. His unchallenged evidence, supported by the circumstances of the construction site and the medical panel certificate, established on the balance of probabilities that he was employed by the respondent in conditions carrying a real risk of inducing boilermaker's deafness or deafness of the like origin, causing 11.8 per cent binaural hearing loss.

Court Disposition

Award for the applicant.

Orders

  • ['Award for the applicant for $7,670 for 11.8 per cent binaural hearing loss, the deemed date of injury 6 December 1999.' "The respondent is to pay the applicant's costs." 'An additional conference is certified at $200.']