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On Appeal Issue 4: April 2020 has been released

09 Apr 2020

This issue includes a summary of the  March 2020 Presidential decisions.

These summaries are prepared by the Presidential Unit and are designed to provide an overview of, and introduction to, the most recent Presidential decisions.

They are not intended to be a substitute for reading the decisions in full, nor are they a substitute for a decision maker’s independent research.

This issue we highlight the following two decisions:

Booth v Fourmeninapub Pty Ltd [2020] NSWCA 57

APPEAL – further evidence – special grounds – whether further evidence relevant to appeal confined to question of law – whether further evidence not obtainable with reasonable diligence – Supreme Court Act 1970, s 75A(8)

WORKERS COMPENSATION – appeal from Workers Compensation Commission constituted by President – appeal confined to question of law – whether President erred in disregarding evidence of psychiatrist – distinction between identifying meaning of expert report and evaluating evidence – whether predisposition to bipolar disorder itself a disease which could be aggravated, accelerated, exacerbated or deteriorated during employment – definition of injury in (former) s 4(b)(ii) of the 1987 Act, considered

Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54

WORKERS COMPENSATION – determination of arbitrator – appeal to Deputy President – appeal limited to error of fact, law or discretion – whether Deputy President misunderstood scope of her jurisdiction – 1998 Act, s 352

WORKERS COMPENSATION – entitlement to compensation – deceased worker employed to work at home – deceased killed by co-worker and de-facto partner – attack inspired by his paranoid delusions – delusions related to work and personal relationship – whether evidence of causal link between worker’s employment and harm suffered – evidence of substantial contributing factor – whether Deputy President erred in finding as to evidence – 1998 Act, ss 4 and 9A

Issue 4 can be found here

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