THE DUTY BELT PRESUMPTION

There was great disagreement whether the Police Officer in this case qualified for industrial lumbar spine injury under the "duty belt presumption."  Officer Lycett met the first qualifier in that he had indeed worked more than 5 years as a full time police officer.  But, the defendant contested the claim because Officer Lycett had not worn a duty belt for the entirety of the 5 years of requisite service.  The WJC was not persuaded by this argument.