Schofield v Abigroup Limited [2016] NSWSC 954

Schofield v Abigroup Limited [2016] NSWSC 954

The liability of the last employer under s 17 of the 1987 Act is limited to permanent hearing impairment resulting from injury deemed to have occurred as at the last employment in NSW; impairment attributable to subsequent exposure after the deemed date is not compensable by that employer.

Jurisdiction
Australia
Judgment Date
11 July 2016
Procedural Posture
Summons for Judicial Review / Final Judgment at First Instance
Outcome
Summons dismissed
Legal Topics
['judicial Review' 'industrial Deafness' 'apportionment of Impairment' 'statutory Construction']
['administrative Law' 'workers Compensation'] ['judicial Review' 'industrial Deafness' 'apportionment of Impairment' 'statutory Construction']

Case Brief

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Procedural Posture

Summons for Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 ["Whether the first defendant's liability to compensate includes impairment attributable to exposure after the deemed date of injury" 'Correct construction of s 17 of the Workers Compensation Act 1987 and s 319(c) of the Workplace Injury Management and Workers Compensation Act 1998' 'Whether the Medical Assessment Certificate contained a demonstrable error']

Ratio Decidendi

The liability of the last employer under s 17 of the 1987 Act is limited to permanent hearing impairment resulting from injury deemed to have occurred as at the last employment in NSW; impairment attributable to subsequent exposure after the deemed date is not compensable by that employer.

Court Disposition

Summons dismissed

Orders

  • ['The summons is dismissed.' "The plaintiff is to pay the first defendant's costs."]