NSW Police Service v Snape

The case of NSW Police Service v Snape involved a dispute over the amount of workers' compensation benefits owed to a former police officer, Snape, by the NSW Police Service. The conflict centred around the appropriate compensation for Snape's physical and psychological impairments under the Workers Compensation Act 1987. The matter was heard and determined by the NSW Civil and Administrative Tribunal (NCAT).

The central legal issues addressed by the Tribunal were whether Snape was entitled to compensation benefits exceeding the statutory threshold, and if so, what amount of compensation was appropriate. Specifically, the Tribunal needed to determine whether Snape's combined physical and psychological impairments exceeded the threshold of 40 per cent as stipulated in section 67(1) of the Act, and if so, the extent to which the impairment ratings should be aggregated to determine the total percentage of impairment.

The Tribunal found that the Arbitrator's initial decision, which had calculated Snape's total impairment at 42 per cent, was correct in principle. However, the Tribunal disagreed with the Arbitrator's decision to disregard the psychological impairment when calculating the weekly benefit amount. The Tribunal concluded that both the physical and psychological impairments should be considered in determining the weekly benefit amount, and that the total impairment should be aggregated to 42 per cent, thereby entitling Snape to compensation benefits above the statutory threshold. Consequently, the Tribunal revoked the Arbitrator's decision regarding the amount of compensation and substituted a new order for the Respondent to pay the Applicant $32,500.00.