Lisson v State of New South Wales (NSW Police Force)

[2025] NSWPIC 300

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Lisson v State of New South Wales (NSW Police Force) [2025] NSWPIC 300

APPLICANT:

Lisson

RESPONDENT:

State of New South Wales (NSW Police Force)

MEMBER:

Parnel McAdam

DATE OF DECISION:

27 June 2025

CATCHWORDS:

Workers Compensation Act 1987 (WC Act); Workplace Injury Management and Workers Compensation Act 1998 (WIM Act); applicant a police officer; claim for various physical injuries and a psychological injury; physical injuries alleged to be due to nature and conditions of employment; whether applicant suffered an injury within the meaning of section 4 of the WC Act; psychological injury due to exposure to various trauma; diagnosis of post-traumatic stress disorder (PTSD); claim not made until 8 years after employment ceased; section 254 and 261 of the WIM Act; applicant claimed entitlement to dual benefits; Held – award for the respondent for physical injuries; applicant had failed to make a claim due to ignorance, mistake or other reasonable cause; weekly payments awarded for psychological injury.

DETERMINATIONS MADE:

1.     Award for the respondent in respect of the claimed injuries to the cervical spine, shoulders, lower back, both knees and hips.

2. The applicant failed to notify of his psychological injury before he voluntarily left employment but he has satisfied s 254(2) of the Workplace Injury Management and Workers Compensation Act 1998.

3.     The applicant failed to make a claim within six months after the psychological injury was deemed to have occurred but the failure was occasioned by ignorance, mistake or other reasonable cause and the injury resulted in serious and permanent disablement.

4.     The respondent is to pay the applicant weekly compensation in the following amounts:

(a)   for the period 1 July 2015 to 30 June 2016 at the rate of $55.88 per week;

(b)   for the period 1 July 2016 to 30 June 2017 at the rate of $941.36 per week;

(c)   for the period 1 July 2017 to 30 June 2018 at the rate of $846.77 per week;

(d)   for the period 1 July 2018 to 30 June 2019 at the rate of $688.23 per week, and

(e)   for the period 1 July 2019 to 30 June 2020 at the rate of $567.94 per week.

5.     The respondent is to pay the applicant’s costs as agreed or assessed.

STATEMENT OF REASONS

BACKGROUND

1. Mr Lisson’s claim for compensation is similar to many arising out of employment with the NSW Police Force. He worked for a period of about 14 years in the employ of the respondent. He was exposed to violence, trauma, and other confronting events. He also undertook the usual requirements of a Police Officer, including general duties activities like restraining offenders, running, jumping and the like. He was required to undertake defensive tactics training, like all officers.

2. Mr Lisson was transferred out of general duties into covert premises entry, breaking into houses, cars and the like so that experts could safely enter and install listening and other surveillance devices.

3. Mr Lisson claims he suffered a psychological injury in his…