An Appeal Panel under the WIM Act has a discretion to refuse to receive evidence on appeal that meets the s 328(3) threshold, and considerations of finality, procedural fairness, and the nature of the appeal mechanism are relevant to that discretion. Where a worker disputes the history recorded by an AMS, the Appeal Panel may reasonably require the evidence to have substantial prima facie probative value before admitting it. The dissent articulates the principle that where a tribunal excludes evidence and then makes positive findings on the very issues to which that evidence was directed, the exclusion may be Wednesbury unreasonable.
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