Where a police officer's claim for a lump sum gratuity under s 12D of the Police Regulation (Superannuation) Act 1906 (NSW) involves an aggravation injury under s 16 of the Workers Compensation Act 1987 (NSW), the injury is deemed to have occurred on the date of the lump sum claim, not on the dates of earlier incapacity. This means the transitional provisions in Pt 18C, cl 3 of Sch 6 do not preserve the pre-2002 'table of maims' assessment regime where the claim is made after 1 January 2002. The STC and the District Court on appeal are bound by the injury identified in the Commissioner's s 12D(4) certificate and cannot base awards on injuries not identified in that certificate.
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