Robertson v WorkCover Authority of New South Wales [2011] NSWDC 28

District Court New South Wales

Medium Neutral Citation: Robertson v WorkCover Authority of New South Wales [2011] NSWDC 28 Hearing dates: 28 February 2011 Decision date: 28 February 2011 Before: Neilson DCJ Decision: 1)I make an award for the Plaintiff for $11,250 for nine per cent whole person impairment pursuant to s 10D of the Workers Compensation (Bushfire, Emergency and Rescue Services) Act 1987 . 2)I order the Defendant to pay the Plaintiff's costs. Catchwords: RESIDUAL JURISDICTION - statutory compensation - volunteer bushfire fighter - claim for hearing loss - whether working as a volunteer bushfire fighter exposed the claimant to noise sufficient to induce boilermaker's deafness or deafness of the like origin - whether at the time he made his claim for boilermaker's deafness, the claimant's "last noisy employer" was the Rural Fire Service of NSW - issues as to quantification of the hearing loss Legislation Cited: Workers Compensation (Bushfire, Emergency and Rescue Services) Act 1987, ss 10D, 16(4) Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation Act 1987, ss 17, 17(1) Cases Cited: Callaby v State Transit Authority (NSW) (2000) 21 NSWCCR 216 Caldemar v Asta Enterprises Pty Limited (1998) 17 NSWCCR 155 Stewart v New South Wales Police Service (1998) 17 NSWCCR 202 Category: Principal judgment Parties: Daniel Keith Brian (Plaintiff) Burders Lane Enterprises Proprietary Limited (Defendant) Representation: Ms E. Wood (Plaintiff) Mr T. Rowles (Defendant) MRM Lawyers (Plaintiff) Sparke Helmore Lawyers (Defendant) File Number(s): RJ371/10