Booth v Accident Compensation Corporation

Booth v Accident Compensation Corporation

Hyperacusis is a physical injury (an acute sensitivity to sound) rather than a mental injury under s27; hyperacusis and tinnitus are causally linked to workplace noise and are physical injuries under s30, and phonophobia arises in part from those physical injuries, so the appellant is entitled to cover for both...

Source-derived case information.

Citation
[2004] NZACC 144
Parties
Appellant: Richard Neil Booth; First Respondent: Accident Compensation Corporation; Second Respondent: Canpac International Limited
Court
District Court
Jurisdiction
New Zealand
Judgment Date
20 May 2004
Procedural Posture
Appeal Under Section 151 of the Injury Prevention, Rehabilitation and Compensation Act 2001 / District Court Reserved Judgment on Appeal
Outcome
Appeal allowed; review decision quashed; cover to be afforded for hyperacusis and phonophobia; costs awarded to appellant.
Legal Topics
Hyperacusis, Phonophobia, Tinnitus, Mental Injury Definition, Causation, Statutory Interpretation, Costs
Accident Compensation Personal Injury Administrative Law Employment Law Hyperacusis Phonophobia Tinnitus Mental Injury Definition +3 more

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Parties

Richard Neil Booth

Appellant

Accident Compensation Corporation

First Respondent

Canpac International Limited

Second Respondent

Procedural Posture

Appeal Under Section 151 of the Injury Prevention, Rehabilitation and Compensation Act 2001 / District Court Reserved Judgment on Appeal

Legal Issues

  1. 1 Whether hyperacusis is a mental injury under s27 of the Act
  2. 2 Whether phonophobia arises from a physical injury such that s26(1)(c) applies
  3. 3 Whether hyperacusis and phonophobia were caused by workplace noise and thus covered under s30

Ratio Decidendi

Hyperacusis is a physical injury (an acute sensitivity to sound) rather than a mental injury under s27; hyperacusis and tinnitus are causally linked to workplace noise and are physical injuries under s30, and phonophobia arises in part from those physical injuries, so the appellant is entitled to cover for both hyperacusis and phonophobia and the review decision is quashed.

Court Disposition

Appeal allowed; review decision quashed; cover to be afforded for hyperacusis and phonophobia; costs awarded to appellant.

Orders

  • Review decision quashed
  • Respondent to afford cover for hyperacusis