PASALIC v VANA PTY LTD [1994] NSWCA 250

PASALIC v VANA PTY LTD [1994] NSWCA 250

Schedule 6 CL5A deeming provision applies to partial binaural hearing loss from injuries occurring before commencement of Division 4, thus compensation must be assessed for actual binaural loss and not merely individual ear losses. Award and interest are to be calculated accordingly.

Parties
Appellant: URJ Pasalic; Respondent: Vana Pty Ltd
Jurisdiction
Australia
Judgment Date
17 August 1994
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld with costs.
Legal Topics
Compensation for Binaural Hearing Loss, Assessment of Hearing Loss, Award of Interest
Workers Compensation Personal Injury Compensation for Binaural Hearing Loss Assessment of Hearing Loss Award of Interest

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Parties

URJ Pasalic

Appellant

Vana Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Entitlement to compensation for binaural hearing loss arising from pre-1987 Act injury
  2. 2 Assessment basis for compensation under Schedule 6, CL5 and CL5A of Workers Compensation Act 1987
  3. 3 Principles for award of interest under s19A of the Compensation Court Act

Ratio Decidendi

Schedule 6 CL5A deeming provision applies to partial binaural hearing loss from injuries occurring before commencement of Division 4, thus compensation must be assessed for actual binaural loss and not merely individual ear losses. Award and interest are to be calculated accordingly.

Court Disposition

Appeal upheld with costs.

Orders

  • Appeal upheld with costs.
  • Judgment not to be entered until after the expiration of fourteen days from this date.