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3.2 Deaths after Discharge - Liability not Previously Accepted for Cause
Virtually all claims for deaths after discharge will relate to a disease rather than a simple injury. For a death benefit to be payable in respect to a death certified to be from that disease, that disease must have been materially (or significantly where date of diagnosis is on/after 13 April 2007) contributed to by ADF employment.
In effect, the case has become one of 'initial liability' for the causative injury/disease. Delegates faced with these cases should apply the principles and procedures contained in this Handbook's chapter on 'Initial Liability'.
However, as S57 examinations have been precluded by the death, medical opinion on causation of those diseases not caught by S7(1) of the SRCA will be restricted to Service medical records (and, possibly, retrospective opinion by any relevant medical specialists who had treated the client since discharge).
Having established that the certified cause of death had the required nexus with ADF employment, no separate determination on 'initial liability' is necessary.