An arbitrator's finding that a claimant was not experiencing pain during a period, based on the absence of contemporaneous medical evidence during that period, is a finding of fact and does not involve a question of law for the purposes of s 247(2) or s 254 of the Workers' Compensation and Injury Management Act 1981 (WA). The rule in Browne v Dunn is not breached where the party is on notice through pleadings, submissions and the conduct of the case that the evidence is challenged, even if the specific evidence was not the subject of cross-examination.
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