This case was an appeal, by the respondent, of a decision of the Adjudication Officer. The complainant was a prison officer who had been injured in 2007 while relocating a violent prisoner. He sustained a further injury in 2011 and was out of work for five months. Before returning to work, the respondent's chief medical officer ("CMO") had advised that the complainant be assigned to non-prisoner contact duties on his return to work. Nearly a year later, the CMO advised the respondent that the complainant could not involve himself in control and restraint duties with prisoners and he was therefore assigned to restricted duties which turned into lower risk duties going forward.

At a later date he was assigned