Sonter v Librix Pty Ltd (No 2)

The case of Sonter v Librix Pty Ltd (No 2) involved a dispute between the applicant, Sonter, and the respondent, Librix Pty Ltd, regarding the assessment of damages for a brain injury sustained by Sonter during his employment. The case was heard in the Industrial Relations Commission of New South Wales. The primary issue before the court was the calculation of damages under section 40 of the Workers Compensation Act 1987 (NSW), specifically concerning the assessment of probable future earnings following a partial incapacity due to the injury. The court needed to determine whether the Arbitrator’s determination of probable future earnings was accurate and whether the assessment of Sonter’s ability to earn reflected the true impact of his injury.

The court examined the methodology used by the Arbitrator to calculate Sonter's probable future earnings, taking into account his pre-injury employment history and the effects of the brain injury on his ability to work. The central point of contention was the degree of incapacity and how it affected Sonter's earning capacity. The court reviewed expert evidence and the Arbitrator's findings, ultimately concluding that the Arbitrator had not adequately considered the full extent of Sonter's incapacity and the impact this had on his ability to earn. The court found that the Arbitrator had underestimated the degree of partial incapacity and consequently, the reduction in Sonter's earning capacity.

The court revoked the Arbitrator’s determination and substituted a new order, adjusting the calculation of probable future earnings to reflect the correct level of partial incapacity. The new order took into account a more comprehensive assessment of Sonter’s ability to earn post-injury, ensuring that the damages awarded were proportionate to the true extent of his incapacity. This decision underscored the importance of accurately assessing the degree of incapacity when calculating damages for brain injuries under the Workers Compensation Act.