Howard Smith Industries Pty Ltd v Richards [1999] FCA 1144

FEDERAL COURT OF AUSTRALIA

Howard Smith Industries Pty Ltd v Richards [1999] FCA 1144 WORKERS' COMPENSATION – Seafarer – industrial hearing loss and tinnitus – no permanent impairment – hearing loss due to exposure to noise – exposure occurred during period of operation of Seamen's Compensation Act 1911 (Cth) and after commencement of Seafarers Rehabilitation and Compensation Act 1992 (Cth) – hearing loss prior to commencement of Seafarers Rehabilitation and Compensation Act 1992 (Cth) did not disable seafarer from earning full wages – whether injury or disease incurred prior to commencement of Seafarers Rehabilitation and Compensation Act 1992 (Cth) when seafarer not disabled from earning full wages or not incapacitated for work compensable under Seafarers Rehabilitation and Compensation Act 1992 (Cth) – status of rights under Seaman's Compensation Act 1911 (Cth) - Effect of Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992 (Cth).

Seafarers Rehabilitation and Compensation Act 1992 (Cth): s 11, s 39, s 41, s 62 Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992 (Cth): Pt II, s 4, s 5, s 6, s 7, Seamen's Compensation Act 1911 (Cth): s 5, s 5B(5), s 6(1) Accident Compensation Act 1985 (Vic): s 88(1), (4) Accident Compensation Commission v Fletcher [1990] VR 102 distinguished Commissioner for Railways v Bain (1965) 112 CLR 246 distinguished Associated Steamships Pty Ltd v Hore (1995) 61 FCR 506 applied Comcare v Amorebieta (1996) 22 AAR 539 distinguished Hoyle v Telstra Corporation Ltd (1997) 75 FCR 390 followed HOWARD SMITH INDUSTRIES PTY LTD v JAMES PAUL RICHARDS VG 62 of 1998 GOLDBERG J MELBOURNE 3 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 62 of 1998