| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Grewal v Hills Bus Co Pty Ltd [2024] NSWPIC 8 |
| APPLICANT: | Sukhwinder Grewal |
| RESPONDENT: | Hills Bus Co Pty Ltd |
| MEMBER: | John Isaksen |
| DATE OF DECISION: | 8 January 2024 |
| CATCHWORDS: | WORKERS COMPENSATION - Claim for cost of supply and fitting of binaural hearing aids; worker employed as a bus driver and claims exposure to excessive noise from children on school runs each afternoon; respondent disputes that the worker sustained loss of hearing in the course of his employment and that it was the last noisy employer of the worker; employer relies upon noise survey report; reference to Dawson t/as The Real Cane Syndicate v Dawson; Held – report relied upon by the respondent lacks probative value; the tendencies, incidents and characteristics of the applicant’s employment are such as to give rise to a real risk of industrial deafness; order that the respondent pay for the cost of supply and fitting of binaural hearing aids. |
| DETERMINATIONS MADE: | The Commission determines: 1. The applicant sustained loss of hearing in the course of his employment with the respondent. 2. The respondent is the last noisy employer of the applicant. 3. The deemed date of injury as provided for by s 17 of the Workers Compensation Act 1987 is 22 July 2021, being the date when notice of injury was given by the applicant to the respondent. 4. Binaural hearing aids to be supplied and fitted for the applicant are reasonably necessary as a result of the injury sustained by the applicant in the course of his employment with the respondent. The Commission orders: 5. Pursuant to s 60 (5) and s 61 (4A) of the Workers Compensation Act 1987, the respondent is to pay for the cost of the supply and fitting of binaural hearing aids. |
STATEMENT OF REASONS
BACKGROUND
The applicant in these proceedings, Sukhwinder Grewal, seeks an order pursuant to s 60 (5) of the Workers Compensation Act 1987 (1987 Act) that the respondent, Hills Bus Co Pty Ltd, pay for the cost of the supply and fitting of binaural hearing aids as a result of loss of hearing that he has sustained in the course of his employment with the respondent, Hills Bus Co Pty Ltd.
Dispute notices were issued by QBE on behalf of the respondent on 11 November 2021 and 25 January 2023 wherein it was disputed that the applicant sustained injury arising out of his employment with the respondent and that the respondent was the last noisy employer of the applicant as required by s 17 of the 1987 Act.
ISSUES FOR DETERMINATION
The parties agree that the following issues remain in dispute:
(a) whether the applicant sustained the injury of loss of hearing in the course of his employment with the respondent (s 4 of the 1987 Act), and
(b) whether the respondent was the last noisy employer of the applicant (s 17 of the 1987 Act).
PROCEDURE BEFORE THE PERSONAL INJURY COMMISSION (Commission)
The parties attended a conference and…
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- Case
- [2024] NSWPIC 8
- Decision Date
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