Knoetze v Rand Mutual Assurance (A3047/2021) [2022] ZAGPJHC 4; [2022] 2 All SA 458 (GJ); (2022) 43 ILJ 1153 (GJ) (12 January 2022)

Knoetze v Rand Mutual Assurance (A3047/2021) [2022] ZAGPJHC 4; [2022] 2 All SA 458 (GJ); (2022) 43 ILJ 1153 (GJ) (12 January 2022)

The court held that the tribunal misinterpreted and misapplied sections 65(1)(a) and 66 of COIDA by requiring the appellant to prove a causal connection between his hearing impairment and his employment before the statutory presumption could operate. The evidence established that the appellant contracted a listed occupational disease (hearing impairment) while performing listed work (exposure to noise) over a 39-year mining career. This triggered the presumption in section 66, shifting the evidentiary burden to the respondent to prove that the disease did not arise out of and in the course of employment. The respondent failed to rebut this presumption with credible evidence or expert...

Citation
[2022] ZAGPJHC 4
Parties
Appellant: AD Knoetze; Respondent: Rand Mutual Assurance
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 January 2022
Case Number
A3047/2021
Procedural Posture
Civil Appeal / Full Bench Appeal From Tribunal Decision Under COIDA
Outcome
Appeal upheld. Tribunal's order set aside. Appellant entitled to compensation under COIDA. Matter referred back to tribunal for determination of compensation.
Judges
Maier-Frawley, Mudau
Legal Topics
Occupational Disease, Compensation for Injuries, Statutory Interpretation, Noise Induced Hearing Loss
Labour Law Occupational Disease Compensation for Injuries Statutory Interpretation Noise Induced Hearing Loss

Case Brief

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Parties

AD Knoetze

Appellant

Rand Mutual Assurance

Respondent

Procedural Posture

Civil Appeal / Full Bench Appeal From Tribunal Decision Under COIDA

Legal Issues

  1. 1 Whether the tribunal correctly interpreted and applied sections 65(1)(a) and 66 of COIDA regarding the presumption of causation for occupational disease.
  2. 2 Whether the appellant was entitled to compensation for hearing impairment allegedly caused by exposure to noise in the course of employment.
  3. 3 Whether the tribunal erred in requiring the appellant to exclude all other possible causes before the statutory presumption could operate.

Ratio Decidendi

The court held that the tribunal misinterpreted and misapplied sections 65(1)(a) and 66 of COIDA by requiring the appellant to prove a causal connection between his hearing impairment and his employment before the statutory presumption could operate. The evidence established that the appellant contracted a listed occupational disease (hearing impairment) while performing listed work (exposure to noise) over a 39-year mining career. This triggered the presumption in section 66, shifting the evidentiary burden to the respondent to prove that the disease did not arise out of and in the course of employment. The respondent failed to rebut this presumption with credible evidence or expert...

Court Disposition

Appeal upheld. Tribunal's order set aside. Appellant entitled to compensation under COIDA. Matter referred back to tribunal for determination of compensation.

Orders

  • The appeal succeeds with costs.
  • The order of the tribunal dismissing the appellant’s objection to the respondent’s rejection of his claim for compensation is set aside and replaced with an order that Mr Knoetze is entitled to compensation under COIDA.