Learmont v Commissioner of Police [2015] NSWDC 136

District Court New South Wales

Medium Neutral Citation: Learmont v Commissioner of Police [2015] NSWDC 136 Hearing dates: 14 – 15 April 2015 Date of orders: 15 April 2015 Decision date: 15 April 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Decision of Commissioner of Police confirmed Catchwords: WORKERS COMPENSATION – Police Superannuation – Claim for s 12D gratuity for impairment of back – Plaintiff relied on event on 3 March 1990 when he alleged he injured his "back" – Injury relied upon must be one to which the gratuity could be related – Gratuity was for an injury to low back – In the event relied upon, Court only satisfied that plaintiff injured upper back

WORDS AND PHRASES – "Back" – Question of law not medical opinion Legislation Cited: Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1987 Cases Cited: Clymer v Roads and Traffic Authority (1996) 13 NSWCCR 187 Commissioner of Police v Kennedy [2007] NSWCA 328; (2007) 5 DDCR 380 De Gracia v New South Wales (1993) 13 NSWCCR 23 Kennedy v COP (RJ462 of 2005, 27 October 2006, unreported) Texts Cited: Schmidt's Attorney's Dictionary of Medicine (Matthew Bender 1993) C H Leonard AM MD, Concise Gray's Anatomy (Omega Books Ltd , 1983) Category: Principal judgment Parties: Andrew Learmont (Plaintiff) Commissioner of Police (NSW) (Defendant) Representation: Counsel: Mr T Ower (Plaintiff) Ms L McPhee (Defendant)