Birta v Camperdown Childcare Centre

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Birta v Camperdown Childcare Centre [2024] NSWPIC 385

APPLICANT:

Regina Birta

RESPONDENT:

Camperdown Childcare Centre

MEMBER:

Fiona Seaton

DATE OF DECISION:

18 July 2024

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; Workplace Injury Management and Workers Compensation Act 1998; alleged hearing loss due to noise exposure working as a chef; claim for hearing aids; permanent impairment; whether claim was brought within time; applicant was employed by the respondent in employment to the nature of which the injury, noise induced hearing loss, is due; Held – applicant brought her claim within time; matter remitted to the President for referral to a Medical Assessor to assess the degree of permanent impairment; the supply and fitting of binaural hearing aids to the applicant is reasonably necessary as a result of noise induced hearing loss; the injury has materially contributed to the need for hearing aids; respondent to pay the costs of the supply and fitting of binaural hearing aids in accordance with the applicable Workers Compensation (Hearing Aid Fees) Order.

DETERMINATIONS MADE:

The Commission determines:

1. The applicant was employed by the respondent in employment to the nature of which the injury of industrial deafness is due for the purposes of s 17(a)(ii) of the Workers Compensation Act 1987 with deemed date of injury 1 November 1994.

2. The applicant became aware and made her claim for compensation within the time prescribed by s 261 of the Workplace Injury Management and Workers Compensation Act 1998.

3. The matter is remitted to the President for referral to a Medical Assessor pursuant to s 321 of the Workplace Injury Management and Workers Compensation Act 1998 for assessment as follows:

(a)    Date of injury: 1 November 1994 (deemed);

(b)    Body systems/parts: permanent binaural hearing loss (Noisy employment hearing loss), and

(c)    Method of assessment: Table of Disabilities.

4.     The documents to be referred to the Medical Assessor are:

(a)    the Application to Resolve a Dispute and attached documents, and

(b)    the respondent’s Reply and attached documents.

5. The respondent is to pay the cost of the supply and fitting of binaural hearing aids pursuant to s 60 of the Workers Compensation Act 1987 in accordance with the applicable Workers Compensation (Hearing Aid Fees) Order.

STATEMENT OF REASONS

BACKGROUND

1. The applicant Ms Regina Birta was employed for 24 years as a chef. Her last employer was the Camperdown Childcare Centre (the respondent) and the deemed date of injury is 1 November 1994. The applicant alleges she sustained a hearing loss injury due to loud noise during her employment with the respondent.

2. The applicant claims medical and related expenses for the costs associated with the supply and fitting of hearing aids in accordance with the Workers Compensation (Hearing Aid Fees) Order 2024 and lump sum compensation for permanent impairment for 9.34% binaural hearing loss.

3. The respondent issued a notice under s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) on 7 December 2023 disputing…