Unproven noise 18 WCMS 2
Combined Civil PL [CGU] v Rikaloski  NSWWCCPD 181. Roche DP. 20.08.07.
"Whilst the Commission is an expert tribunal and it is taken to be aware of wage rates in the general labour market: Akawa Aust PL v Cassells (1995) 25 NSWCCR 385, at 392, and ICI Aust v Workcover  NSWCA 55; (2004) 60 NSWLR 18 at  - , that expertise does not extend to determining issues of injury and causation in the absence of appropriate expert evidence: Hevi Lift (PNG) Ltd v Etherington  NSWCA 42 at ; Wallaby Grip v Macleay AHS (1998) 17 NSWCCR 355 at  and Barbour v BHP Steel  NSWWCCPD 42 at ."
Also relevant was that expertise required ascertainable criteria: Makita (Aust) PL v Sprowles (2001) 52 NSWLR 705, and citing Paric v John Holland Consts PL  2 NSWLR 505 at 509-510; Brady v Comm'r Police (2003) 25 NSWCCR 58 at 76.
Locale inexpert 21 WCMS 3
Marcus v Ready Workforce PL [QBE]  NSWWCCPD 199. Roche DP. 19.09.07.
A 42yo Syrian part-time body hired meat packer female process worker with right shoulder and neck injury attracted a weekly award of $35.15 from 12.08.04 and continuing, with finding of ability to earn of $341.40pw.
Her claim in respect of carpal tunnel syndrome was rejected. Her appeal was dismissed.
At , Roche DP said: "I do not accept Ms Marcus' submission that the arbitrator should have taken judicial notice of the fact that the Fairfield/Liverpool area has a high unemployment rate.
"Whilst the Commission is an expert tribunal and is taken to have some knowledge of wage rates in general: see Akawa Aust PL v Cassells (2003) 25 NSWCCR 385 at 392 and ICI Aust Ops PL v Workcover  NSWCA 55; (2004) 60 NSWLR 18 at  - , that does not extend to making assumptions about a specific and limited labour market which may or may not have different levels of employment to the rest of the Sydney metropolitan area."
Award confirmed, no costs of appeal.
A: Galluzzo Andriano. R: Holman Webb