Bluescope Steel (AIS) Pty Ltd v Sekulovski [2019] NSWCA 136

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bluescope Steel (AIS) Pty Ltd v Sekulovski [2019] NSWCA 136 Hearing dates: 10 May 2019 Date of orders: 10 May 2019 Decision date: 13 June 2019 Before: Gleeson JA at [1]; White JA at [2]; Emmett AJA at [3] Decision: Leave to appeal refused with costs. Catchwords: WORKERS' COMPENSATION – whether the Worker was entitled to be paid the cost of hearing aids pursuant to s 60 of the Workers Compensation Act 1987 (NSW) – whether the Deputy President failed to apply s 60(1)(a) of the 1987 Act correctly

WORKERS' COMPENSATION – assessment and amount of compensation – whether the Deputy President failed to apply ss 122 and 326 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) – whether the Deputy President failed to apply s 122(6) as to the effect of the "conclusive evidence" of a medical panel certificate Legislation Cited: Workers Compensation Act 1926 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Bluescope Steel (AIS) Pty Ltd v Sekulovski [2018] NSWWCCPD 48 Texts Cited: Nil Category: Principal judgment Parties: Bluescope Steel (AIS) Pty Ltd (Appellant) Radomir Sekulovski (Respondent) Representation: Counsel: M Robinson SC with S Blount (Applicant) B G McManamey with S McMahon (Respondent)

Solicitors: HWL Ebsworth Lawyers (Applicant) Whitelaw McDonald Solicitors (Respondent) File Number(s): 2018/377145 Publication restriction: Nil Decision under appeal Court or tribunal: Workers Compensation Commission of New South Wales Citation: [2018] NSWWCCPD 48 Date of Decision: 9 November 2018 Before: Deputy President Elizabeth Wood File Number(s): A1-1525/18