CHAN CHUN CHEONG v. OCCUPATIONAL DEAFNESS COMPENSATION BOARD

CHAN CHUN CHEONG v. OCCUPATIONAL DEAFNESS COMPENSATION BOARD

The statutory definition requires each ear to have sensorineural hearing loss of at least 40 decibels; the reliable objective CERA test showed the appellant's left ear at 31.7 dB (below 40 dB); therefore the appellant did not meet the statutory threshold and the appeal is dismissed.

Citation
CHAN CHUN CHEONG v. OCCUPATIONAL DEAFNESS COMPENSATION BOARD
Parties
Appellant: Appellant; Respondent: Occupational Deafness (Compensation) Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 October 2006
Case Number
DCOA1/2005
Procedural Posture
Occupational Deafness Compensation Appeal / Final Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Interpretation, Medical Expert Evidence, Audiometric Testing, Eligibility Criteria for Compensation, Costs
Source Language
EN
Workers' Compensation Administrative Law Occupational Health and Safety Evidence Law Statutory Interpretation Medical Expert Evidence Audiometric Testing Eligibility Criteria for Compensation +1 more

Case Brief

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Parties

Appellant

Appellant

Occupational Deafness (Compensation) Board

Respondent

Procedural Posture

Occupational Deafness Compensation Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the statutory definition of 'Noise induced deafness' requires at least 40 decibels of sensorineural hearing loss in each ear separately or an average across both ears
  2. 2 Whether the audiometric evidence (PTA and CERA) was reliable and which test should determine entitlement
  3. 3 Whether mixed hearing loss affects the assessment of sensorineural hearing loss for statutory qualification

Ratio Decidendi

The statutory definition requires each ear to have sensorineural hearing loss of at least 40 decibels; the reliable objective CERA test showed the appellant's left ear at 31.7 dB (below 40 dB); therefore the appellant did not meet the statutory threshold and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay the respondent's costs of the appeal, to be taxed if not agreed, with certificate for counsel