Haider v JP Morgan Holdings Aust Ltd t/as JP Morgan Operations Australia Ltd

The appeal concerned the death of an employee, Mr. Haider, which occurred between periods of work. The central dispute was whether his death had a sufficient connection to his employment and whether his employment was a substantial contributing factor to that death, as contemplated by section 9A of the *Workers Compensation Act 1987* (NSW). The matter came before the Court of Appeal of New South Wales following a decision by a Presidential Member of the Workers Compensation Commission.

The primary legal issues before the Court of Appeal were whether the Presidential Member had erred in law in admitting new evidence on appeal and whether there was any evidence to support the finding that the employment was a substantial contributing factor to Mr. Haider's death. The court was required to consider the principles governing the admission of fresh evidence in appeals from the Workers Compensation Commission and the evidentiary threshold for establishing a causal link between employment and a fatal injury under the Act.

The Court of Appeal found no error of law in the Presidential Member's decision. It held that the admission of new evidence was permissible in the circumstances and that there was sufficient evidence before the Commission to support the conclusion that Mr. Haider's employment was a substantial contributing factor to his death. The court dismissed the appeal, ordering that the appellant pay the costs of the respondent.