The doctrine of issue estoppel applies to findings of fact made by review officers under the Workers' Compensation and Rehabilitation Act 1981 (WA), and a finding that a workplace injury has 'resolved' with no causal connection to subsequent injuries will estop the worker from asserting such a connection in common law damages proceedings. However, McLure J's dissent raises a substantial question about whether the omission of 'final and conclusive' from s 84ZN(1) was deliberate, which may be revisited in future cases.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
2 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.