Pre 1988 Act CASES3

Retain copies of all communication on the claim file and/or PRACSYS.

  •       In all cases, issue a letter to the claimant and/or his or her legal representative as per Appendix 17.  This should be modified to suit pre 1988 Act cases.
  •       Use the 'View Claim Determination Summary' function in Claims Management to compile initial details about claim costs.  These should be included in the letter.
  •       Create a diary to review settlement progress every two to three months.
  •       Provide the letter at Appendix 18 every time updated costs are provided to the legal representative.
  •       Set up a recovery account record in anticipation of settlement.  Set it to 'I'nactive.  There will be no line items to attach to the record.
  •       Add the recovery reason as 'TPR' to indicate that this account will always remain legitimately inactive.
  •       Once notified of settlement amounts do one of the following:
  •      cease the claim where the amount of settlement is much greater than compensation paid;
  •      suspend the claim where the amount of settlement is greater than compensation paid and it is anticipated that compensation will later be payable again;
  •      continue the claim where the amount of settlement is the same or less than compensation paid.
  •      amounts less than $500 should be added to the total damages to be offset and a letter issued to the employee (at Appendix 19) for information.
  •      amounts greater than $500 should be recovered using normal non-incapacity or incapacity processes.  'Money in' recovery methods will apply.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-twelve-overpayments-recovery/overpayments-and-recovery-overview/common-law-and-third-party/pre-1988-act-cases3