Kuligowski v Metrobus

Issue estoppel – Whether decision of Review Officer under the Workers' Compensation and Rehabilitation Act 1981 (WA) ("the Act") Pt IIIA Div 3 is a final decision for the purposes of issue estoppel - Application by employer under s 60 of the Act disputing liability to pay compensation for injuries incurred at work - Review Officer found that the worker's injury had "resolved" - Leave to institute proceedings under s 93D of the Act for damages at common law refused on the grounds of issue estoppel.

Issue estoppel – Whether the issues arising in District Court proceedings were the same issues decided by the Review Officer - Review Officer's findings were ambiguous.

Words and phrases – "issue estoppel", "final decision".

Workers' Compensation and Rehabilitation Act 1981 (WA) – Pt IIIA and ss 5(1), 18, 21, 58, 60, 62, 71, 93D.