Stuckey v Wesley Contracting NSW Pty Ltd

Stuckey commenced proceedings against Wesley Contracting NSW Pty Ltd and another party, seeking compensation for a loss of hearing due to occupational exposure. The plaintiff's last employment was with the first defendant in Queensland. The primary issue was whether Stuckey was entitled to recover compensation under New South Wales law for the hearing loss, given that his employment was not within the state. Additionally, the court had to interpret the effect of section 9AA of the Workers Compensation Act 1987 (NSW) on previous case law and determine whether the court had jurisdiction to decide the dispute between the insurers as to which one insured the employer.

The court examined the application of section 9AA of the Workers Compensation Act 1987 (NSW), which stipulates the criteria for awarding compensation for hearing loss in workers. The court held that section 9AA is intended to align with the common law and not to restrict the circumstances in which compensation can be awarded. The court also determined that it did not have jurisdiction to resolve disputes between insurers regarding which insurer was responsible for the employer's coverage. The court found that the plaintiff's claim for compensation was valid under New South Wales law, and the first defendant was liable for the hearing loss compensation.

The court awarded Stuckey $6,965.60 for 8.1% further loss of binaural hearing, with a deemed date of injury of 7 December 2011. The second defendant was also awarded compensation. The first defendant was ordered to pay Stuckey's costs of establishing his claim against it, excluding certain legal costs related to the amendment of statements of claim.