NSW v Culhana

• 1. Workers Compensation
  2. › Appeal to Presidential member
  3. › Nature of appeal under s 352(5)
  4. › Standard of appellate review
  5. › Whether appeal governed by correctness standard in Warren v Coombes
  6. › Whether deferential approach in Whiteley Muir applies
  7. › Effect of 2011 amendments altering nature of appeal
  8. › Whether Court should depart from previous decisions applying erroneous approach
  9. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352
• 1. Workers Compensation
  2. › Entitlement to compensation
  3. › Death benefit
  4. › Whether death resulted from workplace injury
  5. › Worker sustained PTSD during employment
  6. › Death caused by adenocarcinoma
  7. › Whether reasoning wrongly relied on increased risk of death
  8. › Workers Compensation Act 1987 (NSW), s 25(1)
• 1. Appeal
  2. › Standard of appellate review
  3. › Correctness standard
  4. › Inferences from primary facts
  5. › Duty of appellate court to determine for itself the correct outcome
  6. › Distinction between correctness standard and House v The King standard

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