WORKERS COMPENSATION — proceedings before Commission — appeal from presidential member — where appeal under s 353 of Workplace Injury Management and Workers Compensation Act 1998 (NSW) limited to error “in point of law” — where appellant seeks to reagitate grounds of appeal raised before presidential member — need to identify error in point of law on the part of the presidential member
Quick Take
1On an appeal under s 353(1) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), the appellant must identify an error in point of law on the part of the presidential member; while the complaint may also relate to an error of law by the non-presidential member, the focus remains the presidential member's decision.
2Grounds of appeal that merely seek to reagitate factual complaints raised before the presidential member — such as the weight accorded to surveillance evidence, medical opinions, or lay witness evidence — without identifying how the presidential member erred in point of law in addressing those complaints, do not engage the Court of Appeal's jurisdiction under s 353(1).
3A contention that the presidential member's decision was Wednesbury unreasonable cannot succeed where the specific issue said to be unreasonable was never raised as a ground of appeal before the presidential member and the presidential member was never required to address it.
