Tsoumbris and Pacific National Services Pty Ltd (Compensation)

This matter concerned a hearing loss claim brought by the applicant, Mr Tsoumbris, against his employer, Pacific National Services Pty Ltd, under the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The applicant sought compensation for an alleged impairment resulting from his employment.

The primary legal issue before the Tribunal was to determine whether the applicant had suffered an impairment as a result of an injury arising out of or in the course of his employment, and if so, the extent of that impairment for the purposes of compensation. Specifically, the Tribunal had to consider the applicant's binaural hearing loss and whether it met the threshold for compensation under the Act, as well as the appropriate assessment of any tinnitus loading.

The Tribunal accepted the impairment assessment provided by Dr Fagan, which was subsequently modified in an amending report (Exhibit 4). Dr Fagan assessed the applicant's whole person impairment (WPI) at 12%, with an additional 5% tinnitus loading in accordance with chapter 7.2 of the Comcare Guidelines. The Tribunal found that the applicant suffered a permanent impairment as a result of an injury arising out of and in the course of his employment, that all reasonable rehabilitation treatment had been undertaken, and that the degree of impairment attributable to his binaural hearing loss equated to 12% WPI, with a 5% tinnitus loading.

Consequently, the Tribunal set aside the reviewable decision and substituted it with a decision that the applicant was entitled to compensation for his impairment and his costs of the proceedings.