Under s 327(4) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (as it stood before the November 2006 amendment), a ground of appeal 'exists' if it is 'on its face, valid and apparently credible' or has 'enough substance to warrant the appeal proceeding' — this is less than the ground being 'made out'. An unexplained inconsistency within a medical assessment certificate (such as materially different pre-existing injury deductions for the same injury under equivalent statutory provisions) constitutes a demonstrable error readily apparent from the certificate. Where a delegate's reasons fail to address a ground expressly relied upon, it may be inferred that the delegate overlooked or misunderstood the ground, constituting jurisdictional error.
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