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.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/205-mandatory-medical-certification-incapacity-work
20.5.1 It is the client who is responsible to provide medical certification
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.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/205-mandatory-medical-certification-incapacity-work/2051-it-client-who-responsible-provide-medical-certification
20.5.2 Minimum requirements of a valid medical certificate of incapacity
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.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/205-mandatory-medical-certification-incapacity-work/2052-minimum-requirements-valid-medical-certificate-incapacity
20.5.3 Limits to the period covered by the medical certificate
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.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/205-mandatory-medical-certification-incapacity-work/2053-limits-period-covered-medical-certificate