Green v State Super SAS Trustee Corporation [2013] NSWDC 200

District Court New South Wales

Medium Neutral Citation: Green v State Super SAS Trustee Corporation [2013] NSWDC 200 Hearing dates: 23, 28 August 2013 Decision date: 28 August 2013 Before: Neilson DCJ Decision: I set aside the decision of the defendant made on 25 October 2012 and I determine that the plaintiff's pension be increased to 92.5% of the attributed salary of her office by reason of the fact that she was exposed to risks to which members of the general workforce would not normally be required to be exposed in the course of their employment I order the defendant to pay the plaintiff's costs. Catchwords: POLICE - Member of NSW Mounted Police Section (the Mounties) injured when she fell from horse during training - PSAC certified disabled member incapable of performing duties of office on account of two specified infirmities - Infirmities caused by being HOD - Disabled member resigned from police force - Disabled member totally incapacitated for work outside police force - Special risk benefit Legislation Cited: Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1987 Cases Cited: Conway v SAS Trustee Corporation [2012] NSWDC 249; 11 DDCR 232 Grech v Commissioner of Police [2004] 1 DDCR 242 Tanks v SAS Trustee Corporation (NSWDC RJ894/03 Neilson DCJ, 1 September 2004, unreported) Thoms v SAS Trustee Corporation (NSWCC No. 7721/98 Geraghty CCJ, 5 July 1999, unreported) Walsh v SAS Trustee Corporation (2004) 1 DDCR 438 Category: Principal judgment Parties: Elizabeth Green (Plaintiff) State Super SAS Trustee Corporation (Defendant) Representation: Mr T Ower (Plaintiff) Mr R Perrignon (Defendant) Harris Wheeler Lawyers (Plaintiff) Rod Blume (Defendant) File Number(s): RJ669/12