Duc Dien Tran v Salmat Document Management Solutions Pty Ltd

Duc Dien Tran, the Appellant, appealed a decision of the Workers Compensation Assessment Appeal Panel against Salmat Document Management Solutions Pty Ltd, the Respondent, to the Dust Diseases Tribunal. The issue was whether the Appellant's employment was a substantial contributing factor to the development of his lung condition, specifically asbestosis. This determination was critical for the calculation of his workers' compensation entitlements.

The Tribunal was required to consider whether the Appellant's employment with the Respondent substantially contributed to his lung condition. The legal issues included the interpretation of section 9A of the Workers Compensation Act 1987 and the application of Hevi Lift (PNG) Limited v Etherington [2005] NSWCA 42; (2005) 2 DDCR 271 and Makita (Aust) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705. The Appellant contended that his employment was a substantial contributing factor, while the Respondent argued that it was not.

The Tribunal found that the Arbitrator's determination was flawed in its assessment of the Appellant's exposure to asbestos and the contribution of his employment to his lung condition. The Tribunal concluded that the evidence did not support the Arbitrator's finding that the Appellant's employment was not a substantial contributing factor. The Tribunal revoked the Arbitrator’s determination and remitted the matter to another Arbitrator for reassessment of the deemed date of injury and recalculation of the Appellant's entitlement to compensation.

The final orders were that the Arbitrator’s determination of 1 October 2008 was revoked, and the matter was remitted to another Arbitrator for determination of the deemed date of injury and calculation of the Appellant Worker’s entitlement to compensation.