20.20 Incapacitated prior to Voluntary discharge - S19(4)(c)
Subsection 19(4)(c) says:
19(4) In determining, for the purposes of Subsections (2) and (3), the amount per week that an employee is able to earn in suitable employment, Comcare shall have regard to:
(a) ..............................
(b) ..............................
(c) where after becoming incapacitated for work, the employee received an offer of suitable employment and, having accepted that offer, failed to engage or to continue to engage in that employment – the amount per week that the employee would be earning in that employment if he or she were engaged in that employment.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2020-incapacitated-prior-voluntary-discharge-s194c
20.20.1 Application of Subsection 19(4)(c) to voluntary dischargees
Subsection 19(4)(c) says:
19(4) In determining, for the purposes of Subsections (2) and (3), the amount per week that an employee is able to earn in suitable employment, Comcare shall have regard to:
(a) ..............................
(b) ..............................
(c) where after becoming incapacitated for work, the employee received an offer of suitable employment and, having accepted that offer, failed to engage or to continue to engage in that employment – the amount per week that the employee would be earning in that employment if he or she were engaged in that employment.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2020-incapacitated-prior-voluntary-discharge-s194c/20201-application-subsection-194c-voluntary-dischargees
20.20.2 Exceptions require proven nexus between resignation and injury
Subsection 19(4)(c) says:
19(4) In determining, for the purposes of Subsections (2) and (3), the amount per week that an employee is able to earn in suitable employment, Comcare shall have regard to:
(a) ..............................
(b) ..............................
(c) where after becoming incapacitated for work, the employee received an offer of suitable employment and, having accepted that offer, failed to engage or to continue to engage in that employment – the amount per week that the employee would be earning in that employment if he or she were engaged in that employment.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2020-incapacitated-prior-voluntary-discharge-s194c/20202-exceptions-require-proven-nexus-between-resignation-and-injury
20.20.3 Exceptions - certain voluntary discharges not caught by S19(4)(c)
Subsection 19(4)(c) says:
19(4) In determining, for the purposes of Subsections (2) and (3), the amount per week that an employee is able to earn in suitable employment, Comcare shall have regard to:
(a) ..............................
(b) ..............................
(c) where after becoming incapacitated for work, the employee received an offer of suitable employment and, having accepted that offer, failed to engage or to continue to engage in that employment – the amount per week that the employee would be earning in that employment if he or she were engaged in that employment.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2020-incapacitated-prior-voluntary-discharge-s194c/20203-exceptions-certain-voluntary-discharges-not-caught-s194c
20.20.4 Some involuntary medical discharges are also caught by S19(4)(c)
Subsection 19(4)(c) says:
19(4) In determining, for the purposes of Subsections (2) and (3), the amount per week that an employee is able to earn in suitable employment, Comcare shall have regard to:
(a) ..............................
(b) ..............................
(c) where after becoming incapacitated for work, the employee received an offer of suitable employment and, having accepted that offer, failed to engage or to continue to engage in that employment – the amount per week that the employee would be earning in that employment if he or she were engaged in that employment.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2020-incapacitated-prior-voluntary-discharge-s194c/20204-some-involuntary-medical-discharges-are-also-caught-s194c
20.20.5 Examples
Subsection 19(4)(c) says:
19(4) In determining, for the purposes of Subsections (2) and (3), the amount per week that an employee is able to earn in suitable employment, Comcare shall have regard to:
(a) ..............................
(b) ..............................
(c) where after becoming incapacitated for work, the employee received an offer of suitable employment and, having accepted that offer, failed to engage or to continue to engage in that employment – the amount per week that the employee would be earning in that employment if he or she were engaged in that employment.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2020-incapacitated-prior-voluntary-discharge-s194c/20205-examples