Oa No. 49 - Changes To Invalidity Retirement Arrangements - Delegation Of Certain Powers To Comcare
COMCARE OPERATIONAL ADVICE NO 49
CHANGES TO INVALIDITY RETIREMENT ARRANGEMENTS ‑ DELEGATION OF CERTAIN POWERS TO COMCARE
Branch Heads
State Managers
Manager, Operations
Manager, Review
Manager,[ Rehabilitation]
As a means of preventing inappropriate invalidity retirements and to ensure that the appropriateness of return to work through vocational rehabilitation is fully considered the Public Service Commission has delegated to Comcare the power to approve invalidity
retirement in all cases:
(i) where applicants have a compensable condition; and
(ii) where there is no clear recommendation from the Commonwealth Medical Officer (CMO) on invalidity retirement.
In all cases the delegation to approve invalidity retirement will be held by the Manager Rehabilitation in Comcare State Offices.
(i)COMPENSATION CASES ‑ Cases where the application for invalidity retirement is in respect of a medical condition for which Comcare has admitted liability. An application for invalidity retirement may arise as a result of a recommendation from the CMO or in circumstances where the agency has difficulty finding suitable duties.
The procedure to be used when dealing with these cases is as follows:
(a)where Manager Rehabilitation is not convinced that invalidity retirement is the most appropriate course of action ‑ refer for rehabilitation assessment through Agency Case Manager. Rehabilitation assessment costs to be paid by Comcare from the appropriate Comcare fund depending on whether agency is on or off budget and whether the injury occurred before or after 1/7/89. (see proforma letter attached);
(b)where Manager Rehabilitation considers that invalidity retirement is the most appropriate course of action - write to Secretary with this recommendation who can then process invalidity retirement (see proforma letter attached);
(c)where Manager Rehabilitation considers a return to work a more appropriate action ‑ initiate rehabilitation program through agency Case Manager, Costs to be paid by Comcare.
(ii)CONTESTED CASES ‑ Cases where the application for invalidity retirement is in respect of a medical condition which is not work related or has been rejected as being work related. Contested cases also arise where the CMO has not given a clear recommendation for invalidity retirement or where the agency has difficulty with CMO advice that redeployment should be pursued.
The procedure to be used in these cases is as follows:
(a)where Manager Rehabilitation considers a rehabilitation assessment is required ‑ letter to Secretary advising that recommendation on invalidity cannot be made without a rehabilitation assessment. Agency to meet the costs. (see proforma letter attached);
(b)where a rehabilitation assessment recommends invalidity retirement ‑Manager Rehabilitation to write to Secretary with this recommendation who can then process invalidity retirement (see proforma letter attached);
(c)where the Manager Rehabilitation considers a return to work through a rehabilitation program is the most appropriate outcome ‑ letter to Secretary to implement a rehabilitation program (see pro‑forma letter attached). Agency to meet the cost.
SUITABLE DUTIES
Where an agency makes a valid application for invalidity retirement on the grounds that suitable duties are not available, the Manager Rehabilitation should assist the agency redeploy the employee into another Commonwealth Agency.
It is important that Comcare monitor inter‑agency redeployments to ensure that the receiving Case Manager is fully briefed on past details of the Case Management plan and that there is a co‑ordinated strategy developed to monitor progress and to prevent problems arising during the early stages of the placement.
Robert Knapp
Acting Deputy Chief Executive
8 August 1989
COMPENSATION CASES
LETTER TO AGENCIES RECOMMENDING A REHABILITATION ASSESSMENT
AGENCY ADDRESS
Dear.......,
APPLICATION FOR INVALIDITY RETIREMENT ‑ ............................................................
I refer to your letter of.........requesting approval to retire the abovenamed employee on invalidity grounds.
Before I make a recommendation for invalidity retirement it would be appropriate for ................ to undergo a rehabilitation assessment to ensure that a return to work through participation in a vocational rehabilitation program is not an option.
The Case Management framework is an appropriate vehicle for arranging the rehabilitation assessment and for developing and implementing a Case Management plan and a rehabilitation program should return to work be viable.
If the outcome of the rehabilitation program is redeployment and Comcare is satisfied that suitable duties cannot be provided, Comcare is available to assist the Case Manager redeploy the employee into another Commonwealth agency.
As Mr/Ms/Mrs............'s medical condition is compensable the costs associated with the Case Management Plan have been funded.........(NOTE FOR REHAB MANAGER:
The following table illustrates the categories of funding:
Budget Dependent Agency DOI PRE 1/7/89 — Rehab costs are funded from moneys transferred to Comcare by DOF.
DOI Post 1/7/89 — Benefit payable is funded from agency Premium collected by Comcare.
Off‑Budget Agency DOI Pre 1/7/89 — Benefit payable is funded entirely by employing agency.
DOI Post 1/7/89 — Benefit payable is funded by agency premium collected by Comcare)
According to the category of funding the costs associated with the Case Management Plan should be forwarded to Comcare for payment in accordance with the guidelines outlined in Comcare ‑ Agency Advice No 88/2.
If you require any further information or assistance I can be contacted on ...............
Manager, Rehabilitation
CONTESTED CASES
LETTER TO AGENCIES - RECOMMENDATION FOR REHABILITATION ASSESSMENT
Dear.......,
I refer to your letter of.........requesting approval to retire the abovenamed employee on invalidity grounds.
Before I make a recommendation for invalidity retirement it would be appropriate for ................to undergo a rehabilitation assessment to ensure that a return to work through participation in a vocational rehabilitation program is not an option.
The Case Management framework would be an appropriate vehicle for arranging the rehabilitation assessment and for developing and implementing a Case Management plan should return to work be viable.
If the outcome of the rehabilitation program is redeployment and Comcare is satisfied that suitable duties cannot be provided, Comcare is available to assist the Case Manager redeploy the employee into another Commonwealth agency.
As Mr/Ms/Mrs............'s medical condition is non‑ compensable the costs associated with the Case Management Plan will be your responsibility.
If you require any further information or assistance I can be contacted on ...............
Manager, Rehabilitation
COMPENSATION AND CONTESTED CASES
LETTER TO AGENCY RECOMMENDING INVALIDITY RETIREMENT
AGENCY ADDRESS
Dear sir,
APPLICATION FOR INVALIDITY RETIREMENT ..................
I refer to your letter of...........
Approval is given for the retirement of ...............on the grounds of invalidity.
Please make the appropriate arrangements in accordance with the Public Service Commission's instruction on Fitness for Continued Duty.
Manager Rehabilitation
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/coas-comcare-operational-advices/current/1989/oa-no-49-changes-invalidity-retirement-arrangements-delegation-certain-powers-comcare