NSW Police Force v P

[2010] NSWWCCPD 26

WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:		NSW Police Force v P [2010] NSWWCCPD 26
APPELLANT:		NSW Police Force
RESPONDENT:		P
INSURER:		Allianz Australia Insurance Limited as agent for the TMF No 3
FILE NUMBER:		A1-4395/09
ARBITRATOR:	Mr J McDermott
DATE OF ARBITRATOR’S DECISION:		18 September 2009
DATE OF APPEAL DECISION:		15 March 2010
SUBJECT MATTER OF DECISION:		Psychological injury; sections 4, 9A and 11A of the Workers Compensation Act 1987; adequacy of reasons.
PRESIDENTIAL MEMBER:		Acting Deputy President Deborah Moore
HEARING:		On the papers
REPRESENTATION:		Appellant: DLA Phillips Fox
Respondent: Baker & Edmunds
ORDERS MADE ON APPEAL:		The decision of the Arbitrator dated 18 September 2009 is confirmed.
The Appellant is to pay the costs of the appeal.

BACKGROUND TO THE APPEAL

1. The Respondent, Ms P, (nee  P) commenced employment with the Appellant, the New South Wales Police Force, in May 1988 working at various Sydney suburban locations.

1. In a 116 page statement, she set out the history and circumstances surrounding her claim. Given the nature of the dispute, I consider that it is appropriate that I summarise the background to her claim in some detail, as follows.

1. In August 1991 she joined the Witness Security Unit as part of the State Protection Group, involved often difficult covert operations. In April 1992 she was trained as a police negotiator, and attended what she described as “numerous incidents of a high risk nature” such as sieges and suicides. In 1993 she and her then husband, also a police officer, made application for a transfer to Bourke.

1. In November 1993 she was seconded to Sutherland Detectives Office. She was involved in the investigation of the Jannali bush fires in January 1994. She said that the death and destruction she witnessed caused her considerable distress.

1. In March 1994 she and her husband transferred to Bourke. On 16 June 1994 she was the victim of a violent assault and feared for her life. She continued at work but said that she became anxious and had trouble sleeping. She also said that she was aware of resentment by other officers because of her qualifications and “being female” which lead to conflict at the Bourke station.

1. As a result of her conduct during the Jannali fires, she was awarded the Commissioner’s Valour Award for bravery. She was notified of this while at Bourke. Comments from her Patrol Officer about her travelling to Sydney for the ceremony she said made the event “distressing and upsetting.” When she resumed work wearing her medal on the right side, she was wrongly castigated by other officers for not wearing it on the left. As a consequence, she said she was distressed and broke down, becoming worried and anxious about her work.

1. In February 1995 she eventually contacted the Appellant’s Employee Assistance Branch where it was suggested that she seek medical attention. She ceased work and consulted Dr Greenburg at Bourke Hospital who referred her to a visiting psychiatrist, Dr…