An appeal under s 247 of the Workers' Compensation and Injury Management Act 1981 (WA) is by way of rehearing, not de novo review. The appellant must establish a material error of fact, law or other miscarriage of justice. An error is material if the decision could (not would necessarily) have been different had the error not been made. Where credibility-based findings are infected by material error, the District Court must remit the matter for redetermination rather than attempt to make its own findings. The NSW approach of treating workers' compensation appeals as de novo reviews does not apply in WA.
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