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ARTICLE · 24 SEPTEMBER 2019

Assessing hearing loss – when is a claim no longer compensable?

Article looks at difficulties an applicant may face when bringing a claim for hearing loss after they have ceased employment.

AustraliaEmployment and HR

Cook and Telstra Corporation Limited [2019] AATA 1511.

Key Points:

  • Mr Cook claimed that he suffered hearing loss as a result of his work at Telstra.
  • The Tribunal was required to consider whether Mr Cook had a further claim for permanent impairment and non-economic loss in relation to the further deterioration in his hearing.

Background:

Mr Wallace Cook, 76 years of age, was employed as a Telstra technician for over 40 years, before he retired in 2017.

In 2001, Mr Cook submitted a claim for workers' compensation for noise induced hearing loss as a result of his employment. Liability to pay compensation was accepted in respect of a 27.6% bilateral hearing loss. Mr Cook submitted a further claim in 2002 and liability was accepted in respect of a 40% bilateral hearing loss.

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