A medical Appeal Panel's review under s 328(2) of the WIM Act is limited to the grounds of appeal but the scope of those grounds must be construed by reference to the injury as described in the original application, which may encompass a gradual process injury and not merely a frank injury occurring on a specific date. The general expectation under the WorkCover Guidelines is that appeals will be determined on the papers, and a Panel does not err by declining an oral hearing absent special reasons. Procedural fairness does not require a medical Appeal Panel to warn parties of every possible finding it may make, provided the relevant issue has been raised with the parties.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.