Jordan v Commissioner of Police

In the case of Jordan v Commissioner of Police, the plaintiff sought compensation for a chronic musculo-ligamentous strain of the cervical spine, which he claimed was caused by incidents occurring on 11 May 1989, 14 October 1991, 9 April 2002, and 5 February 2004 while he was on duty. Additionally, the plaintiff argued that his condition was exacerbated by the nature of his work, which involved prolonged sitting. The Commissioner of Police had previously rejected the plaintiff's claim, leading to the plaintiff's appeal to the court.

The central legal issue before the court was whether the plaintiff's chronic musculo-ligamentous strain of the cervical spine was caused by the specified incidents or the nature of his work. The court needed to consider the medical evidence, the nature of the plaintiff's duties, and the impact of those duties on his pre-existing condition. The Commissioner argued that the plaintiff's condition was not caused by the incidents in question or the type of work he performed, while the plaintiff maintained that both factors contributed to his injury.

The court found that the plaintiff's work, which involved prolonged sitting, rendered his neck vulnerable to chronic symptoms. Although there was conflicting medical opinion about whether the specified incidents caused the injury, the court concluded that the nature of the plaintiff's work exacerbated his pre-existing vulnerability, leading to the chronic condition. The court set aside the Commissioner's decision and found that the plaintiff's condition was caused by the incidents and the type of work he performed.

The court ordered the Commissioner to pay the plaintiff's costs. The decision recognised the plaintiff's entitlement to compensation for his chronic musculo-ligamentous strain of the cervical spine, stemming from both the incidents on duty and the nature of his work.