WORKERS’ COMPENSATION – claim for lump sum compensation – alleged injury in course of employment to both lumbar and thoracic spine – arbitrator determined that appellant injured lumbar spine but not thoracic spine – worker appealed to Workers Compensation Commission – whether Deputy President erred in finding that the worker did not challenge the arbitrator’s finding about the thoracic spine – whether Deputy President’s misreading of the arbitrator’s reasons was an error of law – whether Deputy President had the power under the Workplace Injury Management and Workers Compensation Act 1998, s.352(7) to remit part only of the worker’s claims for re-determination . PROCEDURE – procedural fairness – Workers Compensation Commission erroneously found that appeals from an arbitrator to the Commission did not challenge the arbitrator’s finding that the worker did not suffer a thoracic spine injury – whether Commission finding that any such challenge would not have succeeded in any event indicated that the worker did not suffer any practical injustice as a result of a prima facie denial of procedural fairness – consideration of the weight to be given to contingent findings. Jaffarie v Quality Castings Pty Ltd [2015] NSWCA 335 (29 October 2015).
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