RCG Delegates may also seek those ADF medical documents contemporary with injury and also pre-existing post discharge medical assessments from DVA's files relating to the employee's claims under the VEA.
As alluded to in 9.2 below, the 1930 Act did not originally apply to Defence Force members and there was thus no Workers Compensation coverage of this category or Commonwealth employee until the 1930 Act was amended. That amendment only became effective on 3 January 1949.
RCG Delegates therefore have no delegation to award compensation for injuries originating before 3 January 1949.
Selection of the appropriate date of effect will depend on the nature of the condition, available medical evidence and the member's type of service. The date of effect for a disease will be the first of either first medical treatment for the disease, or first date of incapacity or death.
The intersection of common law rights to damages, damages or entitlements payable under other Acts and entitlements under Commonwealth workers compensation Acts are all the subject of a separate chapter of this Handbook. Delegates with detailed questions on these issues should refer to Chapter 80 of the Permanent Impairment Handbook and Chapter 48 of the General Handbook.
However, for the purposes of a quick determination of liability the following summary should be useful.
Cooper J in Chenhall v Comcare (1992) identified that it would be necessary in each case to collect evidence to answer the following questions:
Delegates should make themselves aware of the Statement of Principles (SOPs) determined by the Repatriation Medical Authority (RMA) on the basis of sound medical scientific evidence. The SOPs are legal instruments which provide the means by which specified diseases and injuries may be related to service when determining claims under the VEA or MRCA. Each SOP condition has two instruments which reflect the different standards of proof that apply under the VEA and MRCA: reasonable hypothesis (RH) and balance of probabilities (BOP). The relevant SOP sets out
Although the SOPs are binding on VEA and MRCA delegates, they have no legal standing under the DRCA. Nonetheless, SRCA delegates are advised that the SOPs can provide useful information about the aetiology (causation) of various medical conditions. If referring to any SOP condition for DRCA purposes, it is important to remember that it is the BOP SOP – which applies to peacetime service – that must be used. Although the SOPs can be a useful guide when making a determination under DRCA, they should never be the sole consideration, particularly where injurie
Despite assertions of 'stress' or 'pain' – and even if these influences can actually be shown to be present – the decision to resort to alcohol should not be regarded as reasonable or inevitable or endorsed by the employer. RCG does not accept that it is reasonable to expect the Commonwealth to pay for the effects of such alleged 'self medication' when conventional forms of medical treatment were readily available to the employee.
Where an unsigned claim form is received, a Delegate should register the claim and take a photocopy for file, but then return the original claim form to the claimant with a covering letter asking for the claim form to be signed and returned without delay.
The Delegate may in the interim begin what limited investigation of factual and medical circumstances is covered by documents accompanying the claim form.
