Transfield Pty Limited v Mario Mastroianni [No 2]

In *Transfield Pty Limited v Mario Mastroianni [No 2]*, the New South Wales Court of Appeal considered an appeal by Transfield Pty Limited (the employer) against an award made to Mario Mastroianni (the worker) in respect of industrial deafness. The dispute centred on whether the amount awarded for the provision of hearing aids should be reduced to account for the worker's entitlement to medical expenses under section 60 of the *Workers Compensation Act 1987* (NSW).

The primary legal issue before the Court of Appeal was whether the worker's statutory right to medical expenses under section 60 of the *Workers Compensation Act 1987* (NSW) necessitated a reduction in the lump sum awarded for the provision of hearing aids. This involved determining the proper application of the Act in circumstances where a specific item, like hearing aids, could be claimed under both a provision for medical expenses and as part of a lump sum for permanent impairment.

The Court reasoned that section 60 of the Act provides for the recovery of reasonable medical and hospital treatment, medicines, and "other reasonably necessary expenses". It was held that hearing aids, being a device necessary for the worker to overcome the effects of industrial deafness, fell within the ambit of "other reasonably necessary expenses" under section 60. Consequently, the Court concluded that the worker was entitled to recover the cost of hearing aids under section 60, and that the lump sum award for permanent impairment should not include an amount for the provision of hearing aids, as this would amount to double recovery. The Court therefore ordered that the award be varied to reflect this principle.