In determining whether a police officer's infirmity was caused by being 'hurt on duty' under s 10B(3) of the Police Regulation (Superannuation) Act 1906, both s 9A(1) (substantial contributing factor) and s 4 (injury arising out of or in the course of employment) of the Workers Compensation Act 1987 must be independently satisfied as necessary conditions. A Compensation Court judge reviewing the Commissioner's decision under s 21 is bound to accept the STC's certification of the infirmity under s 10B(1) and may only determine the question of causation. Where conflicting medical reports are tendered without cross-examination of the opponent's experts, the party bearing the onus of proof bears the forensic risk of the conflict remaining unresolved.
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