Ware v NSW Rural Fire Service

In this case, the appellant, Mr Ware, appealed against a determination of the Workers Compensation Assessment Appeal Board which held that he was not entitled to compensation under the Workers Compensation Act 1987 for a seven per cent permanent impairment resulting from a loss of hearing. The appeal was heard by the NSW Supreme Court, and the respondent was the NSW Rural Fire Service. Mr Ware argued that he was a "firefighter" for the purposes of cl 25 of Pt 19H of Sch 6 to the Workers Compensation Act 1987, which provides for compensation for certain injuries suffered by firefighters. The court was required to determine whether Mr Ware was a "firefighter" for the purposes of that provision, and if so, whether he was entitled to compensation for the loss of hearing.

The court held that Mr Ware was a "firefighter" for the purposes of cl 25 of Pt 19H of Sch 6 to the Workers Compensation Act 1987. The court found that the definition of "firefighter" in the Act was broad and included any person who was employed by a fire authority and who was engaged in activities which involved the extinguishing of fires. The court held that Mr Ware was employed by the respondent and was engaged in activities which involved the extinguishing of fires, and therefore he was a "firefighter" for the purposes of the Act. The court also held that the loss of hearing was caused by an injury which arose out of or in the course of employment as a firefighter, and that the deemed date of injury was 20 June 2012. The court found that Mr Ware was entitled to compensation for the loss of hearing under s 66 of the Workers Compensation Act 1987.

The court ordered that the respondent employer's name be amended to NSW Rural Fire Service, and that paragraph 1 of the Certificate of Determination of 31 January 2014 be revoked and replaced with an order that the respondent pay the appellant lump sum compensation in the sum of $9,625. The court also ordered that paragraphs 2 and 3 of the Certificate of Determination of 31 January 2014 be confirmed, and that the respondent employer pay the appellant worker's costs of the appeal, assessed at $2,530 plus GST.