Fleming v NSW Police Force

In the case of Fleming v NSW Police Force, the dispute arose from the claimant's entitlement to workers' compensation, specifically concerning the method of assessing a reduction in compensation for a previously non-compensable impairment. The matter was heard in the Industrial Division of the Supreme Court of New South Wales. The claimant argued that the method used by the defendant to calculate the reduction in compensation was incorrect under the Workers Compensation Act 1987.

The central legal issue that the court had to address was whether the reduction for any proportion of the permanent impairment that was found to be a previously non-compensable impairment should be calculated by reducing the degree of whole person impairment or by reducing the compensation payable. The court had to interpret Schedule 6 Part 18C clause 3(2) of the 1987 Act to determine the appropriate method. The claimant contended that the reduction should apply to the compensation payable, while the defendant argued for a reduction in the degree of whole person impairment.

The court concluded that the reduction for a previously non-compensable impairment should be calculated by reducing the compensation payable, not by reducing the degree of whole person impairment. The court found that the wording of the relevant clause of the Act required a reduction in the compensation payable, as opposed to a reduction in the degree of whole person impairment. Consequently, the court granted leave to appeal in respect of the first question of law and refused leave in respect of the second question. The court's interpretation of the statutory provisions led to a clarification of the method of assessing reductions in compensation for previously non-compensable impairments.