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When the failure to record leads to another Hearing

 ISS Property Services Pty Ltd v Abdou [2017] NSWWCCPD (4 July 2017)

An arbitrator of the Workers Compensation Commission handed down an ex tempore (oral) decision in which a finding of injury, payment of weekly benefits and section 60 expenses was made. The orders included a term that the injured worker be referred to an Approved Medical Specialist. No recording of the arbitrator’s decision was made. Despite the fact that this related to an interlocutory decision, namely, the referral to an Approved Medical Specialist, President Keating granted leave for the appeal to proceed.

President Keating then found that the absence of any recorded reasons for the decision amounted to a constructive failure to give reasons as required by section 294 of the Workers Compensation Act 1987. The matter was remitted to another arbitrator for determination.

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