COMCARE OPERATIONAL ADVICE NO.24
REFUNDS OF COMPENSATION WHERE DAMAGES AWARDED IN THIRD PARTY CASES
Branch Heads
State Commissioners
Majors
State Executive Officers
1.This advice explains the procedure to be adopted where:‑
- an employee has received benefits under either the 1971 or 1988 Acts;
- that employee has also received a Third Party award for the compensable injury;
- Comcare has paid benefits on the claim since 1.12.88; and
- Comcare has received a refund of benefits from the solicitors or insurance company concerned.
2.Where the compensable injury occurred before 1.12.88 Comcare should only accept a reimbursement of the benefits paid by it. The remaining moneys should be reimbursed to the employer prior to 1.12.88. However, some solicitors and insurance companies are sending cheques to Comcare for the total cost of benefits paid to the employee by both the employing agency and Comcare.
3.Where a State Office receives such a cheque it should be sent to:‑
Benefits Payment Team
Premiums and Budgets Branch
Comcare
GPO Box 211
CANBERRA ACT 2601
Attention: Dave Byers,
together with a completed copy of the attached form.
4.This information will enable us to identify the amount of money that might have been paid by the employing agency prior to 1.12.88, and that has to be on forwarded to that agency.
5.If you have any queries on this matter please contact Dave Byers on (062) 818728.
SUE HAMILTON
First Assistant Commissioner
Encl
19 April 1989