Fisher v Nonconformist Pty Ltd

• 1. Workers' Compensation
  2. › Entitlement to compensation following death of worker
  3. › Causation
  4. › Whether employment was substantial contributing factor to injury
  5. › Meaning of 'substantial contributing factor'
  6. › Whether increase in risk sufficient to establish causation
  7. › Whether 'common sense' causation applicable
  8. › Workers Compensation Act 1987 (NSW), ss 4, 9, 9A
• 1. Appeal
  2. › Appeal from Personal Injury Commission
  3. › Nature of appellate review
  4. › Whether appeal on point of law
  5. › Meaning of 'aggrieved by a decision in point of law'
  6. › Whether provision requires decision on point of law or grievance raising point of law
  7. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353(1)
• 1. Administrative Law
  2. › Constructive failure to exercise jurisdiction
  3. › Failure to respond to substantial clearly articulated argument
  4. › Whether failure to deal with expert evidence constituted jurisdictional error
• 1. Administrative Law
  2. › Adequacy of reasons
  3. › Statutory duty to give reasons
  4. › Whether failure to give adequate reasons constitutes error of law
  5. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 294
  6. › Personal Injury Commission Rules 2021 (NSW), r 78

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