In police superannuation appeals under s 21(1)(b) of the Police Regulation (Superannuation) Act 1906 (NSW), findings as to the causation of a certified infirmity are findings of primary fact that can only be challenged on appeal for error in point of law if there is no evidence to support them. The DSM IV diagnostic criteria, while relevant to identifying the certified infirmity, raise questions of fact, and errors in their construction or application are errors of fact, not law. The dissent raises an unresolved question about whether a worker's medically unsupported belief in a causal connection between employment events and a subsequent condition can itself constitute a sufficient basis for finding that employment was a contributing factor to a psychological injury.
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