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10.2 Notes Regarding Requests for Reconsideration
Section 62 of the SRC Act also provides that:
- a request for reconsideration must be in writing.
- it must set out the employee's or claimant's reasons for the request.
- it should be made within 30 days of the date on which the employee or claimant becomes aware of the determination to which the request for reconsideration relates. In other words, within 30 days of the date of receipt of the determination. In practice, the MRCC is not strict in applying the 30 day time limit, especially if the employee or claimant is obtaining or intends to rely on new medical or other evidence to support the request for reconsideration.
- should claimants or their representatives indicate that it may take more than 30 days to obtain additional information they should be encouraged to lodge the request for reconsideration and include in that request an extension of time to enable evidence to be gathered. The office undertaking the reconsideration normally agrees to such requests.
- any Delegate who has previously been involved in the original decision (including the decision maker and anyone with whom the decision maker may have discussed the matter which led to the determination) is disqualified from carrying out the reconsideration.
- in the MRCC, all reconsiderations (other than 'Reconsiderations 'of own motion'' – see Section 10.4) are carried out by level 6 or above Delegates. Therefore, reconsiderations are not a matter which will be dealt with by the great majority of MRCC Delegates.
Section 38 of the SRC Act is very similar to Section 62. The main difference is that Section 38 relates to decisions concerning rehabilitation matters arising under the Act in individual cases.