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ARTICLE · 04 MAY 2013

Workers' Compensation - Appeal to District Court Succeeds

The decision examines the role, functions, powers and framework of arbitrators in the WA workers' compensation scheme.

AustraliaLitigation, Mediation & Arbitration

Recent Appeal from decision of WA Workers' Compensation Arbitration Service Arbitrator to District Court of WA - AUDINO -v- WA COUNTRY HEALTH SERVICE - WHEATBELT [2013] WADC 46 - delivered April 2013

This Appeal to the District Court of WA, under the provisions of the Workers Compensation and Injury Management Act WA (WCIMA), involves considerations including whether the appeal "involves a question of law" (as required by WCIMA), whether the arbitrator denied the appellant procedural fairness, whether the arbitrator ought to have made a finding on an issue not put to the appellant and whether the arbitrator gave adequate reasons for decision and the application of the rule in Browne v Dunn in arbitration proceedings.

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