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20.5 Mandatory medical certification of incapacity for work


Requests for weekly payments must be supported by medical evidence of incapacity for employment. This means a medical certificate by a 'legally qualified medical practitioner'. Subsection 54(2)(b) requires a person making a 'claim' for any compensation to provide:

54(2)(b) except where the claim is for compensation under Section 16 or 17 – a certificate by a legally qualified medical practitioner in accordance with the form approved by Comcare for the purposes of this paragraph

As discussed elsewhere (i.e. 20.4.1) the decision in Commonwealth v Ford eliminated the need for a 'form' where the 'claim' is for a benefit subsequent to a positive finding of liability. However the requirement that the client provide a 'certificate by a legally qualified medical practitioner' still remains. Such a certificate must have been issued as the result of an actual examination of the client – i.e. the client has attended (consulted) that doctor.