Once all settlement information has been supplied and a date of settlement is known, the compensation claim must be ceased.  Section 48 (4) of the Act provides:

“Compensation is not payable ... to the employee ... after the date on which the damages were recovered by the employee ...”.

It is Comcare's policy that claim cessation must occur on and from the day following settlement.  This is a position that has been formally endorsed by Comcare's Legal Services Group.

While the employee has not received any money at this time from the settlement awarded, no further payments can be made to the employee, as settlement has not taken into account benefits paid after settlement date.

Prior to ceasing the claim, any incapacity determinations must be finalised.  If necessary, existing determinations will need to be voided and reissued to finish at the date of settlement.

NB  Where Comcare has instituted or taken over proceedings under section 50 of the Act, the claim should not be ceased.  The same offsetting procedures apply as for pre 1988 Act cases, with compensation resuming once the balance of damages have been offset.

Once all settlement information has been supplied and a date of settlement is known, the compensation claim must be ceased.  Section 48 (4) of the Act provides:

“Compensation is not payable ... to the employee ... after the date on which the damages were recovered by the employee ...”.

It is Comcare's policy that claim cessation must occur on and from the day following settlement.  This is a position that has been formally endorsed by Comcare's Legal Services Group.

While the employee has not received any money at this time from the settlement awarded, no further payments can be made to the employee, as settlement has not taken into account benefits paid after settlement date.

Prior to ceasing the claim, any incapacity determinations must be finalised.  If necessary, existing determinations will need to be voided and reissued to finish at the date of settlement.

NB  Where Comcare has instituted or taken over proceedings under section 50 of the Act, the claim should not be ceased.  The same offsetting procedures apply as for pre 1988 Act cases, with compensation resuming once the balance of damages have been offset.

Once all settlement information has been supplied and a date of settlement is known, the compensation claim must be ceased.  Section 48 (4) of the Act provides:

“Compensation is not payable ... to the employee ... after the date on which the damages were recovered by the employee ...”.

It is Comcare's policy that claim cessation must occur on and from the day following settlement.  This is a position that has been formally endorsed by Comcare's Legal Services Group.

While the employee has not received any money at this time from the settlement awarded, no further payments can be made to the employee, as settlement has not taken into account benefits paid after settlement date.

Prior to ceasing the claim, any incapacity determinations must be finalised.  If necessary, existing determinations will need to be voided and reissued to finish at the date of settlement.

NB  Where Comcare has instituted or taken over proceedings under section 50 of the Act, the claim should not be ceased.  The same offsetting procedures apply as for pre 1988 Act cases, with compensation resuming once the balance of damages have been offset.