An arbitrator's preference for one medical report over competing medical reports on degree of disability is a finding of fact, not a question of law, and does not satisfy the statutory precondition for leave to appeal under s 247(3) of the Workers' Compensation and Injury Management Act 1981 (WA). A commissioner is not bound to accept that questions of law are involved merely because the appellant asserts there are such questions. In most cases, the application for leave and the appeal should be heard together, with the question of leave dealt with after considering the merits of the proposed grounds.
The full text is available to signed-in members, including the 64 later cases that cite this judgment.
8 of the 64 citing cases carry a classified treatment. How each court treated it is available to signed-in members.