Note, that it is the client's responsibility to provide the medical evidence of incapacity. Where this certification is not provided, delegates should explain the client's responsibility to him/her but not process the claim until medical evidence of incapacity is forthcoming.
Exceptions may only be made where the client is confused due to an ailment or suffering from an emotional or psychiatric disability. In those cases delegates may approach his/her doctor for information and actively seek a written report on his/her state of incapacity and the cause.
- Note that the initial liability claim form requires an applicant to give an authority to approach his/her treating doctor directly, for relevant information.
- That this authority is incorporated into the liability claim form does not imply that it expires with the finding of liability. It also operates for all subsequent investigations into compensation payments.
- Approaches to treating doctors should (1) be in writing and (2) include a photocopy of the client's written authority from the claim form.
At the delegate's discretion, a further, albeit unusual exception may be made where the client alleges incapacity for work due to an accepted disease but has in fact neither a treating GP nor a treating specialist. In such cases, a delegate may feel more comfortable with choosing a medical examiner under S57 rather than leaving the selection to the client.