Stratco (NSW) Pty Ltd v Korunovic

Stratco (NSW) Pty Ltd, an employer, brought a case against their former employee, Mr Korunovic, seeking a review of an arbitration decision regarding a workers' compensation claim. The dispute centred on the amount awarded for loss of future earnings and the application of certain statutory provisions in the context of Mr Korunovic’s medical history and entitlements under the workers' compensation scheme. The matter was heard in the New South Wales Supreme Court.

The legal issues before the court included whether the Arbitrator erred in their assessment of the evidence, particularly given that no oral evidence was presented. Additionally, the court had to determine if the Arbitrator correctly applied the statutory 'disease' provisions in the Workers Compensation Act 1987 (NSW) and whether the Arbitrator adequately discharged their duty to provide reasons for the decision. The court also considered whether the Arbitrator’s findings were supported by the evidence, specifically regarding the calculation of Mr Korunovic’s loss of future earnings.

The court found that the Arbitrator had correctly applied the statutory provisions but made an error in the calculation of Mr Korunovic’s loss of future earnings. The court held that the Arbitrator did not err in their approach to the evidence, even in the absence of oral testimony, as the medical histories provided were sufficient to make the necessary findings. The court noted that the Arbitrator discharged their duty to give reasons adequately. Consequently, the court varied the amount awarded to Mr Korunovic, substituting the figure “$154.15” for “$274.15” in paragraph [5] of the Arbitrator's decision, while confirming the decision in all other respects.

The court’s final orders were to amend the Arbitrator’s decision by correcting the amount awarded for loss of future earnings and confirming the rest of the decision. The amount was adjusted from $274.15 to $154.15, reflecting the court's determination on the appropriate calculation.