In April 2005, we represented a pre ’88 police officer in District Court proceedings.

In this matter, the Police Superannuation Advisory Committee found that our client was incapacitated to perform his duties as a result of the post traumatic stress disorder and a back injury.  Following this, the Commissioner’s Delegate determined the back injury was work related but declined liability for the psychiatric infirmity.

Our client was then discharged on a medical pension of 72.75% of his exit salary relating to his back injury.  Proceedings were subsequently filed in the District Court appealing the determination declining liability for the post traumatic stress disorder.

Following a 3 day hearing before Judge Neilsen in the District Court in Sydney, we successfully overturned the Commissioner’s determination and had the post traumatic stress disorder certified as Hurt on Duty.

In this case, we relied on the fact our client had experienced numerous traumatic events during his career including being informed of the death of a certain colleague.  Prior to this case, the law in NSW did not allow compensation in cases where traumatic infirmities arise by being informed of the death of a friend or colleague.  However, Judge Neilsen found that in certain situations, the news of a death of a colleague can give rise to a compensable injury.   

At present, the Commissioner has appealed this decision to the Court of Appeal on this point.

This decision has a significant impact on members of the Police Association in the future.  Prior to this case, some officers were not granted their medical pensions because their infirmity arose as a result of being informed of the death of a colleague.  This decision has effectively changed the law in NSW as it stands.  Time will tell whether this judgment holds as it goes through the Appeal Courts.

For more information contact Tony Cardillo at Harris Wheeler on 49076329