PASMINCO MINING - BROKEN HILL v MANERA [1995] NSWCA 361

PASMINCO MINING - BROKEN HILL v MANERA [1995] NSWCA 361

Because the Court of Appeal allowed the appeal in Winders v Pasminco Mining - Broken Hill, setting aside the s67 award, the same must apply to this case and the claimant's s67 award must be set aside and the claim dismissed.

Parties
Appellant: Pasminco Mining - Broken Hill; Respondent: Emmanuel Manera
Jurisdiction
Australia
Judgment Date
24 August 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Industrial Deafness, Compensation Under S67
Workers Compensation Industrial Deafness Compensation Under S67

Case Brief

Summary, issues, holding and outcome

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Parties

Pasminco Mining - Broken Hill

Appellant

Emmanuel Manera

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the worker, Emmanuel Manera, was entitled to a lump sum compensation for pain and suffering under s67 of the Workers Compensation Act 1987 in respect of an industrial deafness injury, following on prior compensation for binaural loss of hearing under s66.

Ratio Decidendi

Because the Court of Appeal allowed the appeal in Winders v Pasminco Mining - Broken Hill, setting aside the s67 award, the same must apply to this case and the claimant's s67 award must be set aside and the claim dismissed.

Court Disposition

appeal allowed

Orders

  • Appeal allowed
  • Orders and awards of Judge Johns on 6 February 1995 set aside