Sukkar v Adonis Electrics Pty Ltd

The case of Sukkar v Adonis Electrics Pty Ltd concerned a worker's claim for permanent impairment compensation for hearing loss. The dispute arose regarding the application of amendments made by the *Workers Compensation Legislation Amendment Act 2012* (NSW) to claims for hearing loss, particularly where a previous claim for the same injury had been made before the commencement of the amendments. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the 2012 amendments applied to claims for permanent impairment compensation for hearing loss made after 19 June 2012, when a prior claim for hearing loss had been made before that date. Secondly, if the amendments did apply, the court had to determine whether multiple injuries arising from the same pathology, in the context of hearing loss claims under section 66 of the *Workers Compensation Act 1987* (NSW), could be aggregated to meet the threshold for compensation.

The Court of Appeal held that a claim for lump sum compensation for permanent impairment made on or after 19 June 2012 was subject to the 2012 Amending Act, provided there was no unresolved claim for lump sum compensation for permanent impairment made before that date. Regarding the aggregation of injuries, the court determined that section 66(1A) of the *Workers Compensation Act 1987* prevented a second claim for an "injury" that had already been the subject of a prior claim, even if the prior claim was made before or after 19 June 2012. However, a claim for further loss of hearing occurring after the date of a prior claim would not be precluded.

Leave to appeal was granted to the extent necessary to vary the answers given by the Commission on these questions, and otherwise, leave to appeal was refused. No order was made as to the costs of the appeal.