Jordan v Commissioner of Police [2015] NSWDC 153

District Court New South Wales

Medium Neutral Citation: Jordan v Commissioner of Police [2015] NSWDC 153 Hearing dates: 20 – 21 April 2015 Date of orders: 21 April 2015 Decision date: 21 April 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Decision of the Commissioner of Police made on 14 August 2013 set aside

Finding that the suffering by the plaintiff of the condition of "chronic musculo-ligamentous strain of the cervical spine" was caused by the plaintiff's having been hurt on duty on 11 May 1989, 14 October 1991, 9 April 2002, 5 February 2004 and due to the type of work he performed for the defendant until 24 July 2008

I order the defendant pay the plaintiff's costs. Catchwords: WORKERS COMPENSATION – Police Superannuation – Whether plaintiff hurt on duty – Plaintiff relied on four events capable of causing chronic musculo-ligamentous strain of the cervical spine – Conflicting medical opinion whether events capable of causing injury – Events capable of rendering plaintiff's neck vulnerable – Work done by plaintiff involved prolonged sitting – Prolonged sitting caused vulnerable neck to become chronically symptomatic Legislation Cited: Police Regulation (Superannuation) Act 1906 Cases Cited: Mirkovic v Davids Holdings Pty Ltd (1995) 11 NSWCCR 656 Category: Principal judgment Parties: Derek Anthony Jordan (Plaintiff) Commissioner of Police (Defendant) Representation: Counsel: Mr T Ower (Plaintiff) Mr S Lowe (Defendant)

Solicitors: Walter Madden Jenkins (Plaintiff) Rankin Ellison (Defendant) File Number(s): RJ61/14 Publication restriction: No