A Presidential member of the Workers Compensation Commission conducting a review under s 352(5) of the Workplace Injury Management and Workers Compensation Act 1998 (as it stood before amendment) is not bound as a matter of law by the Fox v Percy/Devries principles of restraint when reversing an arbitrator's credibility-based findings on a review conducted on the papers. The arbitrator's findings are entitled to respect but do not constrain the Presidential member from reaching what he or she regards as the correct decision. However, a residual unreasonableness constraint may apply. The question was left open whether this analysis survives the subsequent amendment to s 352(5) which limits the appeal to correction of error.
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