Pasminco Metals-Sulphide Corporation Ltd v the Public Trustee for and on Behalf of the ENorman John Dickson

This matter concerned an appeal by Pasminco Metals-Sulphide Corporation Ltd (the appellant) against an award made by Curtis J in favour of the Public Trustee for and on behalf of Norman John Dickson (the respondent). The dispute centred on the assessment of compensation for a worker who had suffered a 28% loss of hearing in his left ear due to boilermaker's deafness, having already experienced a 100% hearing loss in his right ear from an unrelated condition.

The primary legal issue before the court was whether the worker had suffered a binaural hearing loss, as found by the primary judge, or only a monaural hearing loss. This distinction was crucial for determining the appropriate quantum of compensation.

The court reasoned that the primary judge had erred in awarding compensation on the basis of binaural hearing loss. Applying principles derived from cases such as *Re-car*, the court distinguished the present facts, finding that the "thing" in question was the loss of hearing in one ear, not the hearing of both ears collectively. Consequently, the court concluded that the case involved monaural hearing loss to the extent of 26% in the left ear.

The appeal was allowed, and the award made by Curtis J, along with the order for costs in favour of the respondent, was set aside. In lieu thereof, an award was made for the appellant, and the respondent was ordered to pay the appellant's costs of the appeal.