Shepherd v Macquarie Coal [2001] NSWCC 124

Shepherd v Macquarie Coal [2001] NSWCC 124

Applying Scanlon v Powercoal Pty Limited, the applicant could aggregate his prior s 66 binaural hearing loss compensation, giving 15.7 per cent binaural hearing loss and satisfying the s 67 threshold. The applicant's age, the permanence of the condition, and the genuine distress, embarrassment and social interference caused by his deafness justified an assessment of s 67 compensation at $11,000.

Jurisdiction
Australia
Judgment Date
25 June 2001
Procedural Posture
Claim for Compensation for Pain and Suffering Under S 67 for Industrial Deafness / Judgment After Hearing
Outcome
Award for the applicant in the amount of $11,000 under s 67, with costs payable by the respondent.
Legal Topics
['industrial Deafness' 'binaural Hearing Loss' 'pain and Suffering Compensation' 'aggregation of S 66 Claims' 's 67 Threshold']
['workers Compensation'] ['industrial Deafness' 'binaural Hearing Loss' 'pain and Suffering Compensation' 'aggregation of S 66 Claims' 's 67 Threshold']

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Procedural Posture

Claim for Compensation for Pain and Suffering Under S 67 for Industrial Deafness / Judgment After Hearing

Legal Issues

  1. 1 ['Whether it is open to a coalminer to aggregate claims under s 66 for industrial deafness in order to surmount the threshold for s 67.' 'Whether the repeal of s 71 of the Workers Compensation Act applies to coalminers or is preserved for their benefit.' "If aggregation is available, the quantum of the applicant's entitlement under s 67."]

Ratio Decidendi

Applying Scanlon v Powercoal Pty Limited, the applicant could aggregate his prior s 66 binaural hearing loss compensation, giving 15.7 per cent binaural hearing loss and satisfying the s 67 threshold. The applicant's age, the permanence of the condition, and the genuine distress, embarrassment and social interference caused by his deafness justified an assessment of s 67 compensation at $11,000.

Court Disposition

Award for the applicant in the amount of $11,000 under s 67, with costs payable by the respondent.

Orders

  • ['I find that on 22 June 1999 the applicant made a claim for compensation for boilermakers deafness against the respondent which employed on that date in employment to the nature of which boilermakers deafness may be due.' 'I find that on the date the applicant suffered from 15.7 per cent binaural hearing loss.' 'I...