Part Eight-Other Liability Issues

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues

Reduction Of Benefits (Section 23)

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/reduction-benefits-section-23

Reaching Age 65

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/reduction-benefits-section-23/reaching-age-65

What happens after age 65?

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/reduction-benefits-section-23/reaching-age-65/what-happens-after-age-65

Clause (A)

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/reduction-benefits-section-23/reaching-age-65/clause

Clause (B)

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/reduction-benefits-section-23/reaching-age-65/clause-b

The Effects Of Imprisonment

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/reduction-benefits-section-23/effects-imprisonment

Following Receipt Of A Section 30 Redemption

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/reduction-benefits-section-23/following-receipt-section-30-redemption

Other Forms Of Incapacity

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/other-forms-incapacity

Incapacity For Employees In Hospital For An Extended Period (Section 22)

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/incapacity-employees-hospital-extended-period-section-22

Things To Consider When Determining Payment

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/incapacity-employees-hospital-extended-period-section-22/things-consider-when-determining-payment

Needs and expenses

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/incapacity-employees-hospital-extended-period-section-22/things-consider-when-determining-payment-0

Compensation Leave (Section 116)

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116

Defining Compensation Leave

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116/defining-compensation-leave

Accrual Of Leave Entitlements During The First 45 Weeks

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116/accrual-leave-entitlements-during-first-45-weeks

Accrual of recreation leave

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116/accrual-leave-entitlements-during-first-45-weeks/accrual-recreation

Accrual of sick leave

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116/accrual-leave-entitlements-during-first-45-weeks/accrual-sick-leave

Accrual of long service leave

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116/accrual-leave-entitlements-during-first-45-weeks/accrual-long-service

Accrual of special/bereavement leave

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116/accrual-leave-entitlements-during-first-45-weeks/accrual

Accrual Of Leave Entitlements After The First 45 Weeks

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116/accrual-leave-entitlements-after-first-45-weeks

Total incapacity

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116/accrual-leave-entitlements-after-first-45-weeks/total-incapacity

Graduated return to work/reduced capacity

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116/accrual-leave-entitlements-after-first-45-weeks/graduated-return

Taking Extended Leave When Receiving Compensation

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/compensation-leave-section-116/taking-extended-leave-when-receiving-compensation

Other Payments From The Commonwealth (Section 33)

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/other-payments-commonwealth-section-33

Applying Section 33

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/other-payments-commonwealth-section-33/applying-section-33

Salary for day of injury

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/other-payments-commonwealth-section-33/applying-section-33/salary-day-injury

Retrospective determinations

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/other-payments-commonwealth-section-33/applying-section-33/retrospective-determinations

Incapacity Spanning Public Holidays

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/incapacity-spanning-public-holidays

Where Redeployment Is Involved

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/incapacity-spanning-public-holidays/where-redeployment-involved

Where Reduced Hours Are Involved

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/incapacity-spanning-public-holidays/where-reduced-hours-are-involved

Incapacity During Maternity Leave

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/incapacity-during-maternity-leave

Recommencing Compensation Payments

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/incapacity-during-maternity-leave/recommencing-compensation-payments

Leave Without Pay After Maternity Leave

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/incapacity-during-maternity-leave/leave-without-pay-after-maternity-leave

Taking Other Paid Leave

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/taking-other-paid-leave

A Case Before The AAT

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/taking-other-paid-leave/case-aat

Leaving Australia

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/leaving-australia

Section 120

Occasionally circumstances will arise that can impact on an employee's incapacity entitlement.  However, sometimes how that impact affects the employee's right to compensation may not be understood.

Things such as:

  • other incapacity;

  • “novus actus interveniens”;

  • imprisonment;

  • long term or permanent hospital confinement;

  • an employee's age;

  • receiving a redemption;

  • going overseas, either temporarily or permanently;

  • being on duty for the day of injury; and

  • maternity and other leave,

all impact on an employee's entitlement to incapacity benefits.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/leaving-australia/section-120