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12.7.7 Use of DRCA SMR questionnaire for MRCA claims
Generally speaking, just because an SMR has been collected for the purposes of a DRCA claim, there is nothing to stop a delegate using such evidence for the purposes of a MRCA claim, providing that it is clinically relevant to the MRCA claim at hand.
However, such evidence should only be used:
- With the express consent of the client; or
- To confirm a beneficial outcome for the client
Assessing the relevance of a DRCA SMR requires a judgement call from the delegate, who can be informed through liaison with CMAs or treating doctors. While not determinative, the recency of the evidence is a factor to consider when determinig relevance.
A client should always be given the opportunity to present new evidence, if they desire. Delegates should also note the policy regarding age of medical evidence within this manual.
It will not always be possible to use a recent SMR questionnaire conducted under the SRCA for the purposes of the MRCA. This is because PIG, used to determine the percentage of whole person impairment (WPI) suffered by a claimant under the SRCA, is different from GARP M and the information collected will not always be translatable. In such circumstances, the claimant's SRCA conditions will need to be reassessed following medical examination in order to calculate entitlement to PI compensation under the MRCA.