Catchwords:

WORKERS COMPENSATION – coal miners – claim for weekly payments, expenses and compensation for permanent impairment – where primary judge failed to address the question whether the appellant sustained an “injury” within the meaning of the Workers Compensation Act 1987 (NSW) as applicable to coal miners – error in point of law established

WORKERS COMPENSATION – independent analysis of causation by primary judge – primary judge’s conclusions not based on expert evidence, not reflective of any submission made, and not put to the appellant – error in point of law established