Workers Compensation Nominal Insurer v Al Othmani

The Workers Compensation Nominal Insurer appealed to the Court of Appeal of New South Wales against a decision of a Presidential member of the Workers Compensation Commission. The dispute concerned the nature of a review of an Arbitrator's decision by a Presidential member, and whether that review involved a breach of procedural fairness or an error of law.

The primary legal issues before the Court of Appeal were whether the Presidential member was bound to apply the principle established in *Fox v Percy* when reviewing the Arbitrator's decision, and whether the Presidential member's conduct constituted a breach of procedural fairness or an error of law that was material to the decision. The Court also considered whether the respondent was a 'worker' within the meaning of the *Workplace Injury Management and Workers Compensation Act*.

The Court of Appeal held that the review conducted by the Presidential member was not an appeal in the strict sense, but rather a re-hearing or re-determination of the matter. Consequently, the Presidential member was not bound by the principle in *Fox v Percy*. The Court found no error of law or breach of procedural fairness in the Presidential member's conduct. The appeal was therefore dismissed.