Laumets v Commissioner for Railways (NSW) [1953] HCA 84

89 C.L.B.] OF AUSTRALIA. 15 sajer)oyf 97 68 36

ah Yip Wh 40d. [HIGH COURT OF AUSTRALIA.] od Ze Vac mmsaad S49.

S7SR. LAUMETS i ' : : ' 5 3 APPELLANT

AND

COMMISSIONER FOR RAILWAYS (N.S.W.). RusponpEnt.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Workers' Compensation—Railway worker—Labourer—Injury in performance of ist, C, op Ay

1953. wages of labourer paid therefor—Retirement from railway service—Claim for SH Ug! P

compensation—Lump sum—Entitlement—Amendment of statute—Workers' Sypnny, Compensation Act 1926-1948 (N.S.W.) (No. 15 of 1926—No. 40 of 1948), ss. Nov. 27, 30; 16, 47, 53—Government Railways Act 1912-1945 (N.S.W.) (No. 30 of 1912— Dec. 3. No. 8 of 1946), ss. 1008, 100p.

duties—Permanent partial incapacity—Employed on " selective duties °»—Full

Dixon C.J.

L. was an officer in the employ of the Commissioner for Railways (N.S.W.). Webb and

On 24th April 1949, while working as a labourer, he received an injury to his head arising out of and in the course of his employment. He suffered deafness, total and later partial, from the date of the injury until 17th June 1949, and from 23rd June 1949 to 29th June 1949, during which periods he received full pay under s. 1008 of the Government Railways Act 1912-1945 (N.S.W.). L. was retired from or left the employment of the respondent com- missioner on 30th December 1949. By an application dated 31st May 1951, he claimed lump sum compensation in terms of s. 16 of the Workers' Compensation Act 1926-1948 (N.S.W.). The Commission held that the decision in Commis- sioner for Railways (N.S.W.) v. London (1951) 85 C.L.R. 95 did not bind it to hold that s. 47 of that Act, as it stood before 27th June 1951, was a complete bar to the claim, and, under s. 16, awarded L. £380 in respect of an almost complete loss of the hearing of one ear.