Many injured workers covered by the Safety Rehabilitation and Compensation Act 1988 (SRCA) first seek legal advice for an accepted claim when liability for physiotherapy treatment for a longstanding injury is ceased. S 61 of SRCA provides that:
There have been two recent decisions which have shed light on when the ‘reasonable administrative action’ exclusion will operate. The first of these decisions is Comcare v Martin ( HCA 43) which was handed down by the High Court in 2016. The latest decision, in April 2017, is that of Lim v Comcare. But what do these decisions mean?
COMCARE AND SEACARE LEGISLATION AMENDMENT-MAXIMUM AGE FOR RECEIVING LOSS OF EARNINGS BENEFITS TO INCREASE BEYOND AGE 65
The Comcare and Seacare Legislation Amendment (Pension age and Catastrophic Injury) Bill 2017 has been introduced into Federal Parliament. (https://www.legislation.gov.au/Details/C2017B00080/Explanatory%20Memorandum/Text).
COMCARE AND SEACARE LEGISLATION AMENDMENT – BILL PASSED FOR MAXIMUM AGE FOR RECEIVING LOSS OF EARNINGS BENEFITS TO INCREASE BEYOND AGE 65
The Comcare and Seacare Legislation Amendment (Pension age and Catastrophic Injury) Bill 2017, introduced into Federal Parliament on 11 May 2017, was given assent on 22 June 2017. Prior to assent, injured workers covered by the Comcare or Seacare Schemes lost the right to claim loss of earnings benefits at age 65, despite many Australians not being able to access the pension until age 67.
In the matter of Griffiths and Australian Postal Corporation (Griffiths), the Tribunal considered whether Ms Griffiths was entitled to compensation in respect of her psychological condition and whether she had made a wilful and false misrepresentation in respect of her psychological condition under section 7 (7) of the Safety, Rehabilitation and Compensation Act (the Act).
The article “When a win against Comcare isn’t really a win” (SMH 13/9/18-https://www.smh.com.au/politics/federal/when-a-win-against-comcare-isn-t-really-a-win-20180913-p503es.html) completely reflects the experience of many of our Comcare clients.
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