Permament Impairment payments and incapacity payments are also subject to compensation recovery.
MRCA s.401(2) Recovery
Where damages are received in respect of the same cause of action, (i.e. from the same injury/disease arising out of the same event) for which MRCA compensation is payable, Section 401(2) requires the person to repay to DVA the amount of compensation, including treatment costs, paid by the Department in relation to that cause of action.
Section 402(2) of the MRCA also provides that future compensation, including treatment costs, is no longer payable in relation to the compensable conditions arising out of the cause of action.
DRCA s.48(3) Recovery
Where damages are received in respect of the same injury/ disease for which DRCA compensation is payable, s.48(3) requires the client to repay to DVA the lesser amount of DRCA compensation paid in relation to the cause of action, or the amount of damages awarded.