SAS Trustee Corporation v Schmidtke

The SAS Trustee Corporation appealed to the Court of Appeal of New South Wales against a decision of the District Court which had awarded lump sum compensation to Mr. Schmidtke for a psychological injury sustained during his employment as a police officer. The dispute concerned the assessment of Mr. Schmidtke's whole person impairment and the application of transitional provisions under the *Workers Compensation Act 1987* (NSW) and the *Workplace Injury Management and Workers Compensation Act 1998* (NSW).

The primary legal issues before the Court of Appeal were whether the District Court judge had erred in law by failing to take into account relevant considerations, specifically the evidence of a witness, and whether a passage in the judge's reasons indicated a legal error that was material to the assessment of loss. The court also considered whether the Commissioner's certification of the date of injury was determinative, whether a pre-existing injury affected the assessment, and how the causes of impairment should be apportioned in light of the transitional provisions.

The Court of Appeal dismissed the appeal, finding that the District Court judge had not erred in law. The court reasoned that while the judge's reasons might have been expressed in a way that could be construed as a failure to consider certain evidence, the ultimate assessment of the whole person impairment was consistent with applicable legal principles and the evidence before the court. The court also held that the transitional provisions, which required a reduction in compensation for events occurring before a certain amendment, did not necessitate a reduction in the whole person impairment assessment in this instance, and that the judge had properly considered the apportionment of causes of impairment. The appellant was ordered to pay the respondent's costs.