NSW Police Force v Gurnhill

WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:	NSW Police Force v Gurnhill [2014] NSWWCCPD 12
APPELLANT:	NSW Police Force
RESPONDENT:	Daniel Gurnhill
INSURER:	Employers Mutual Ltd NSW Treasury Managed Fund
FILE NUMBER:	A1-6872/13
ARBITRATOR:	Mr R Foggo
DATE OF ARBITRATOR’S DECISION:	12 December 2013
DATE OF APPEAL DECISION:	11 March 2014
SUBJECT MATTER OF DECISION:	Psychological injury; post-traumatic stress disorder; claim for lump sum compensation; pleadings; exposure to multiple traumatic incidents; personal injury or disease; challenge to Arbitrator’s finding as to nature of injury; whether injury a personal injury or disease contracted in the course of employment or an aggravation of a disease; ss 4(a) and 4(b)(i) and (ii) of the Workers Compensation Act 1987; role of Treasury Managed Fund insurer; thresholds in s 352(3) Workplace Injury Management and Workers Compensation Act 1998; interlocutory orders; issues not argued at arbitration; unsatisfactory presentation of appeal; need to identify grounds of appeal in the Application – Appeal Against Decision of Arbitrator; purpose of submissions in reply on appeal
PRESIDENTIAL MEMBER:	Deputy President Bill Roche
HEARING:	On the papers
REPRESENTATION:	Appellant:	Bartier Perry
Respondent:	Harris Wheeler Lawyers
ORDERS MADE ON APPEAL:	1.       Subject to amending paragraph 2 of the Certificate of Determination of 12 December 2013, and paragraphs [29] and [31] of the Arbitrator’s Reasons, to delete “11 October 2010” and to insert “11 November 2010” in its place, the Arbitrator’s determination is confirmed. 2.       The appellant employer is to pay the respondent worker’s costs of the appeal, assessed at $2,530 plus GST.

BACKGROUND

1. The respondent worker, Daniel Gurnhill, joined the NSW Police Force in 2002 and worked in general duties until 2007 when he joined the Tactical Response Unit. Over the course of his career as a police officer, he has been exposed to numerous traumatic incidents involving suicides, homicides, having weapons pointed at him and colleagues, and dangerous “vehicle stops” (deliberate high speed collisions with a high risk of being run over by offenders or other police cars).

2. In October 2009, Mr Gurnhill attended an incident in Orange when, after protracted negotiations, a man shot and killed himself. Following this incident, Mr Gurnhill started having nightmares and difficulty sleeping. He started hearing the victim’s name everywhere he went and could not get it out of his head. Over time, his condition deteriorated and he had increasing difficulty controlling his aggression.

3. In the four or five months up to November 2010, things got significantly worse. In or about September 2010, Mr Gurnhill attended a job to apprehend people wanted for murder. During the course of this job, Mr Gurnhill’s car was rammed by the offender’s vehicle, causing Mr Gurnhill to be very anxious and have flashbacks of the October 2009 incident. Later, he saw a similar car to the one used by the victim in Orange and he had a flashback of that incident, which caused him to sweat and tremble. He also has flashbacks at work, especially when he puts his…