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2.1.18 Duplicate Claims
Claims already determined at appeal are not to be recycled as new claims. A delegate should refuse to deal with such a case on the basis that the matter has already been considered and determined.
Additionally, if the same injury is presented with a different diagnosis then it is not a new claim. At best there may be a case for changing the diagnosis of the accepted (or rejected) condition, but not to accept liability for an additional injury or disease. This is most common in the case of psychiatric illness where different specialists may diagnose different conditions for the same suite of symptoms. Delegates may need to seek expert medical advice to establish whether the new claim duplicates an earlier claim.
If a new claim is lodged for an already determined injury or disease on the basis of new information then the delegate may exercise discretion to re-examine the claim. However, it is not a new claim and should be handled as a review of the original claim.
When a serving member or former member asserts that the determination of the original claim must be revisited due to the advent of new evidence (ie evidence not previously presented), the delegate may exercise discretion to re-examine the matter. However it is not a new claim and is to be treated as a review of the original determination. It is not necessary for the claimant to submit a new claim form nor is the review to be registered as a new case.