Elias Fadlallah v Canterbury City Council

Elias Fadlallah has appealed against a decision of the Workplace Injury Management and Workers Compensation Commission, which found that the Canterbury City Council was not liable to pay compensation to Fadlallah for an injury he suffered in the course of his employment. The appeal is concerned with whether the council was the last noisy employer and, therefore, liable to pay compensation under section 17(1) of the Workers Compensation Act 1987.

The central legal issue in this case is whether the council was the last noisy employer and, therefore, liable to pay compensation. The court had to determine whether the threshold requirements of section 352(2) of the Workplace Injury Management and Workers Compensation Act 1998 were satisfied, which includes an assessment of the amount of compensation at issue on appeal. The Arbitrator had determined that the council was not liable to pay compensation, but Fadlallah argued that the amount of compensation at issue on appeal exceeded $5,000 and was 100% of the compensation sought.

The court found that the appeal was lodged within the required 28-day period and that the amount of compensation at issue on appeal exceeded $13,000. The court determined that the requirements of section 352(2) of the 1998 Act were satisfied, and leave to appeal was granted. The decision of the Arbitrator was revoked, and the court found that the council was liable for payment of Fadlallah's claim for compensation. The matter was returned to the Registrar for referral to an Approved Medical Specialist for purposes of assessment, and the determination of outstanding issues.

LEAVE TO APPEAL the decision of the Arbitrator is granted.
The decision of the Arbitrator is revoked and the following decision is made in its place:
The Respondent Employer is liable for payment of the Appellant Worker’s claim for compensation under section 60 and 66 of the Workers Compensation Act 1987.
The matter is returned to the Registrar for referral to an Approved Medical Specialist for purposes of assessment, and the determination of outstanding issues.