20.15 Incapacity and unreasonable refusal of medical treatment

An unreasonable refusal to accept suitable medical treatment (i.e. rehabilitative or restorative medical treatment) may justify cessation of weekly incapacity payments. This is because the employee has an obligation to take reasonable steps to mitigate the damage/injury.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2015-incapacity-and-unreasonable-refusal-medical-treatment

20.15.1 Client's obligation to mitigate damages

An unreasonable refusal to accept suitable medical treatment (i.e. rehabilitative or restorative medical treatment) may justify cessation of weekly incapacity payments. This is because the employee has an obligation to take reasonable steps to mitigate the damage/injury.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2015-incapacity-and-unreasonable-refusal-medical-treatment/20151-clients-obligation-mitigate-damages

20.15.2 Reasonableness of the decision and information available to the client

An unreasonable refusal to accept suitable medical treatment (i.e. rehabilitative or restorative medical treatment) may justify cessation of weekly incapacity payments. This is because the employee has an obligation to take reasonable steps to mitigate the damage/injury.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2015-incapacity-and-unreasonable-refusal-medical-treatment/20152-reasonableness-decision-and-information-available-client

20.15.3 Other circumstances (i.e. where refusal is not 'unreasonable')

An unreasonable refusal to accept suitable medical treatment (i.e. rehabilitative or restorative medical treatment) may justify cessation of weekly incapacity payments. This is because the employee has an obligation to take reasonable steps to mitigate the damage/injury.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2015-incapacity-and-unreasonable-refusal-medical-treatment/20153-other-circumstances-ie-where-refusal-not-unreasonable

20.15.4 Summary re: refusal of treatment

An unreasonable refusal to accept suitable medical treatment (i.e. rehabilitative or restorative medical treatment) may justify cessation of weekly incapacity payments. This is because the employee has an obligation to take reasonable steps to mitigate the damage/injury.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2015-incapacity-and-unreasonable-refusal-medical-treatment/20154-summary-re-refusal-treatment