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Recovery of Damages under SRCA
Section 48 of the SRCA provides that compensation under the SRCA is not payable where damages have been recovered for the same injury or death. This section contains provisions to recover compensation already paid and also sets up a bar to future compensation for these clients under the SRCA.
Where compensation is for the death of a person, section 17(5) payments to dependent children are not paid back to DVA from damages recovered, however no further section 17(5) payments will be made following a damages payment.
The question to ask for compensation recover under SRCA is: Do the conditions for which compensation has been claimed under the SRCA and through some other avenue relate to the same injury?
i.e. has compensation been received more than once for the same injury?
The medical evidence will show this.