Oa No. 24 - Refunds Of Compensation Where Damages Awarded In Third Party Cases

COMCARE OPERATIONAL ADVICE NO.24

REFUNDS OF COMPENSATION WHERE DAMAGES AWARDED IN THIRD PARTY CASES

Branch Heads

State Commissioners

Majors

State Executive Officers

1.This advice explains the procedure to be adopted where:‑

• an employee has received benefits under either the 1971 or 1988 Acts;
• that employee has also received a Third Party award for the compensable injury;
• Comcare has paid benefits on the claim since 1.12.88; and
• Comcare has received a refund of benefits from the solicitors or insurance company concerned.

2.Where the compensable injury occurred before 1.12.88 Comcare should only accept a reimbursement of the benefits paid by it. The remaining moneys should be reimbursed to the employer prior to 1.12.88. However, some solicitors and insurance companies are sending cheques to Comcare for the total cost of benefits paid to the employee by both the employing agency and Comcare.

3.Where a State Office receives such a cheque it should be sent to:‑

Benefits Payment Team

Premiums and Budgets Branch

Comcare

GPO Box 211

CANBERRA ACT 2601

Attention: Dave Byers,

together with a completed copy of the attached form.

4.This information will enable us to identify the amount of money that might have been paid by the employing agency prior to 1.12.88, and that has to be on forwarded to that agency.

5.If you have any queries on this matter please contact Dave Byers on (062) 818728.

SUE HAMILTON

First Assistant Commissioner

Encl

19 April 1989