On 11 December 2019 Quail DCJ handed down his decision in
Fox v Roy Hill Holdings Pty Ltd [2019] WADC 171.
The appellant, James Fox, was employed as a truck driver by the
respondent, Roy Hill Holdings Pty Ltd. On 8 October 2017 Mr Fox was
injured at work. He claimed to have injured his left shoulder and
neck.
Following a WorkCover arbitration it was determined however,
that he had only sustained an injury to his left shoulder but not
to his neck.
Mr Fox appealed the decision pursuant to Section 247
Workers' Compensation and Injury Management Act
1981.
To proceed, Mr Fox first had to persuade the District Court to
grant leave to appeal. There are a number of prerequisites for
leave to be granted, but primarily the arbitrator who made the
decision being appealed against, must have made an error on a
question of law.
