From time to time, Delegates may consider it necessary to revoke an earlier determination that found that there was liability to pay compensation and to determine instead that there should not have been liability to pay compensation in the first instance. Such a situation may arise where, for example, a previous finding of liability:

  • was based on information provided by the claimant which subsequently proved to be incomplete or untrue, or
  • was clearly made in error given the medical and other evidence available to the Delegate.

It is important that Delegates appreciate that decisions, which have the effect of disentitling a claimant to compensation benefits that may have been paid previously, can have quite devastating financial and emotional effects on the claimants and their families. For that reason, it is obvious that such decisions should never be taken lightly.

More detailed writings on this matter are included in the Liability Handbook.