Chef and former mine worker Oskar Krobath won praise from a judge for his
Chef and former mine worker Oskar Krobath won praise from a judge for his "determined and stoic” attitude. Jorunn Lorenzen/File

Fight over $720k compo to 'stoic' hurt worker

A FORMER mine worker "violently tossed about" and injured in a workplace accident is facing another wait to see what compensation he will get.

Eungella man Oskar Krobath, injured in 2011 at the Thiess Burton Downs coal mine, was awarded nearly $720,000 last month.

But in what his lawyer Gene Paterson called "disappointing" news, Mr Krobath now faces an appeal.

The notice of appeal was filed this month - and no date is in sight for any appeal hearing.

Mr Paterson said Mr Krobath was "disappointed" but accepted he'd have to go through the courts again.

The Mackay lawyer said WorkCover Queensland were "common law insurers" for work-related injuries such as Mr Krobath's.

"The appeal is more likely the result of some WorkCover claims officer not being happy."

WorkCover Queensland declined to comment, as did Thiess and Mr Krobath, 56.

WorkCover's website said it worked with workers, employers and medical staff to help people recover from injury.

Mr Paterson understood the appeal would challenge the amount of compensation.

Mr Krobath, previously a chef at Brisbane's Parliament House, had completed a traineeship and was a newly qualified operator when the mining accident happened.

A statement of claim said Mr Krobath was "violently tossed about" as 75 tonnes of material fell "from a height" into the back of his truck.

Though restrained by a lap-sash belt, he received a lumbar spine injury - eventually needing multiple operations.

He did not complain of injury for four months, later telling Rockhampton Supreme Court his supervisors didn't like complaints.

Justice Graeme Crow said Mr Krobath was wrong to think he'd have lost his job if he complained - but it was "understandable" he thought that way.

"Mr Krobath is a determined and stoic individual," Justice Crow said.

"Mr Krobath did not want to claim WorkCover benefits initially and opted for treatment in the public system [but] his injury was quite severe."

Justice Crow used 16 criteria , including future loss of earning capacity before deciding the insurer should pay Mr Krobath $719,698.15. - NewsRegional



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