Failure To Provide Requested Evidence

Refusal to deal with a claim can only be instigated once it is established the employee did in fact fail to provide evidence 'without reasonable excuse'.

The reasonableness of an excuse will vary in each claim circumstance, however the following examples may assist to decide what is reasonable:

  • the information or document which has been requested does not exist;

  • the employee disputes the relevance of the documentation to his or her compensation claim, and is able to provide reasons to justify this;

  • the employee's medical condition precludes him or her from obtaining the required information;

  • costs associated with obtaining information cannot be met by the employee;

  • the employee does not wish to be involved with obtaining the requested evidence and prefers that it be obtained directly by Comcare from its source; or

  • the employee did not receive the notice in time to comply with the request.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-seven-review-processes/part-one-evidence-and-investigation/powers-investigation/failure-provide-requested-evidence