Holmes v Commissioner of Police [2012] NSWDC 159

District Court New South Wales

Medium Neutral Citation: Holmes v Commissioner of Police [2012] NSWDC 159 Hearing dates: 18 June 2012 Decision date: 18 June 2012 Before: Neilson DCJ Decision: I set aside the decision of the Commissioner of Police of 15 February 2011 stating that the infirmities of "lumbar spondylosis and osteoarthritic change involving the acromioclavicular and glenohumeral joints with tendonitis of the left rotator cuff" were not caused by the plaintiff's having been hurt on duty. I determine that the suffering by the plaintiff of the infirmity of lumbar spondylosis was caused by his having been hurt on duty on 14 June 2008. I determine that the suffering by the plaintiff of osteoarthritic change involving the acromioclavicular and glenohumeral joints with tendonitis of the left rotator cuff was caused by his having been hurt on duty on 16 August 2008. I order the defendant to pay the plaintiff's costs. Catchwords: Police - Hurt on duty - Pre-existing degenerative conditions in police officer's shoulder and lower back - Whether relevant event could aggravate pre-existing non-compensable condition absent certification by PSAC of aggravation Legislation Cited: Police Regulation (Superannuation) Act 1906 (NSW) ss 1(2), 10B(3)(a) Workers Compensation Act 1987 (NSW) ss 4, 9(1) Cases Cited: COP v SAS Trustee Corporation [2002] NSWIR Comm 31 Commissioner of Police v Kennedy (2007) 5 DDCR 380 Day v SAS Trustee Corporation [2009] NSWCA 222 Dive v Commissioner of Police (1997) 15 NSWCCR 366 Category: Principal judgment Parties: Michael Keith Holmes (Plaintiff) Commissioner of Police (Defendant) Representation: Mr T Ower (Plaintiff) Mr T Rowles (Defendant) Walter Madden Jenkins (Plaintiff) Rankin Nathan Lawyers (Defendant) File Number(s): RJ323/11