When an appellate tribunal in workers compensation proceedings finds that an arbitrator erred in refusing a direction for production, the correct test is whether the error could not possibly have affected the result (Stead v SGIC), not whether the tribunal is satisfied the error did affect the outcome. Reversing this onus is an error of law. An employer is entitled to access primary financial records of a claimant's company where the claimant's earning capacity from that company is in issue.
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