Provision to assess interim PI under the Military Rehabilitation and Compensation Act 2004 (MRCA) was adapted from the existing legislation and policy under the Safety, Rehabilitation and Compensation (Defence-related) Act 1988 (DRCA). Interim assessment was introduced under the DRCA to ensure that the possibility of entitlement to a permanent impairment payment does not impede the rehabilitation process.
Key Points:
Compensation for accepted conditions may be payable in the form of permanent impairment payments where an ongoing impairment is both permanent and stable, and is assessed as reaching a minimum level of impairment points.
Where an impairment is permanent but not yet stable, payment of interim permanent impairment compensation should be considered.
Many conditions will have periods where symptoms may be more or less severe, including fluctuations of symptoms or ‘spikes’ as part of their normal manifestation. This may be especially true of mental health conditions.
For clients with posttraumatic stress disorder (PTSD), depressive disorder, anxiety disorder, substance use disorder or alcohol use disorder with a current level of impairment of 10 points or more, but who are not yet stable, an interim compensation payment must be offered based on a level of impairment at a minimum of 10 points.
For PI assessment purposes the following definitions should be broadly considered ;
“Permanent” means that the condition is not likely to resolve.
“Stable” simply means it is unlikely to improve to any major degree. This should not be judged on the basis of possible improvement in impairment ratings.
An interim payment of permanent impairment (PI) compensation can be made under section 75 of the MRCA [3]where:
Assessment for an interim payment will apply mainly in cases undergoing active treatment that is expected to result in significant improvement in the impairment. Whilst the final outcome of the treatment may not yet be known, permanent impairment points at the completion of treatment can be estimated.
It is important to obtain all of the relevant information required for the correct assessment of permanent impairment compensation up front to avoid having to seek a supplementary report. This will require asking specific questions of the assessing medical practitioner in the first instance. If this fails to provide the information required to determine an interim payment then efforts should be made to seek this information by requesting a follow-up supplementary report or by requesting clarification from a DVA Contracted Medical Adviser (CMA).
For clients claiming PI for the first time with posttraumatic stress disorder (PTSD), depressive disorder, anxiety disorder, substance use disorder or alcohol use disorder with a current level of impairment of 10 points or more, but who are not yet stable, an interim compensation payment must be offered based on a level of impairment at a minimum of 10 points.
An interim compensation payment can be offered at a higher degree of impairment if appropriate i.e. when the medical evidence indicates that the condition would stabilise at a level of impairment more than 10 points.
The interim 10 impairment point minimum assigned to the person’s PTSD, depressive disorder, anxiety disorder, substance use disorder or alcohol use disorder condition/s should be combined with points from any other conditions assessed.
If a person receives an interim payment but the final degree of their impairment stabilises below the interim PI rating, the person’s final impairment point rating remains as previously determined. Any interim payment amount that is more than the person would have received as their final payment amount is not considered an overpayment and will not be recovered.
This policy should only be applied to clients who have not previously received MRCA PI compensation.
Example 1.
Accepted Conditions | Status | Points |
PTSD | Permanent. Not yet stable. | Currently 30 points and the medical evidence indicates that the condition will likely stabilise at 20 points. |
In this case, because the PTSD condition is not yet stable, a determination under section 68 is not possible. Interim compensation is instead determined under section 75 based on 20 impairment points plus the appropriate lifestyle rating (generally the bottom of the shaded area). A review date is set for 6 months to assess the stability of the PTSD.
Example 2.
Accepted Conditions | Status | Points |
PTSD | Permanent. Not yet stable. | Currently 20 points. The medical evidence indicates that the condition is expected to improve to 10 points. |
In this case, because the PTSD condition is not yet stable, an assessment under section 68 is not possible. Interim compensation is instead determined under section 75 based on 10 impairment points plus the appropriate lifestyle rating (generally the bottom of the shaded area). A review date is set for 6 months to assess the stability of the PTSD.
Example 3.
Accepted Conditions | Status | Points |
PTSD | Permanent. Not yet stable. | Currently 10 points. The medical evidence indicates that the condition is expected to improve to less than 10 points. |
In this case, because the PTSD condition is not yet stable, an assessment under section 68 is not possible. Interim compensation is instead determined under section 75 based on 10 impairment points plus the appropriate lifestyle rating (generally the bottom of the shaded area). A review date is set for 6 months to assess the stability of the PTSD.
If the PTSD condition does eventually improve to less than 10 points the interim PI payment amount is not considered an overpayment and is not recovered.
Accepted Conditions | Status | Points |
PTSD | Permanent, Not yet stable. | Currently 20 but the medical evidence does not indicate whether the condition is expected to improve or an estimation of the final points for the condition. |
Hearing Loss | Permanent and stable | 5 points |
Thoracolumbar spine disc disruption | Permanent & Stable | 10 points |
In this case, because the PTSD is not yet stable, an assessment under section 68 is not possible. Interim compensation is instead determined under section 75 based on 10 impairment points. Although there is no evidence to suggest what the final level of impairment of the PTSD might be, because this condition is included in the policy applicable to clients with certain mental health conditions the minimum impairment points assigned to the PTSD is 10. Interim compensation is determined based on 23 impairment points plus the appropriate lifestyle rating (generally the bottom of the shaded area). A review date is set for 6 months to assess the stability of the depressive disorder.
Even though the client would have met the minimum points for interim payment required from the permanent and stable conditions alone (hearing loss and thoracolumbar spine disc disruption), 10 points is still included in the calculation in recognition of the PTSD.
It is important to note that for transition MRCA PI cases, it may be a MRCA or SRCA condition that is not yet stable resulting in an interim MRCA PI outcome. VEA conditions do not need to be stable to result in a disability pension payment, therefore the stability of VEA accepted conditions in a transition MRCA PI case is not relevant.
One of the criteria for payment of interim PI is that the impairment suffered by the person must constitute a minimum number of IPs. The number required varies according to the circumstances of each case and is the same threshold as is required under section 69 as explained at Chapter 5.2.1 [5]. Where additional compensation is being considered, and the outcome continues to be interim, the threshold points required is as per the criteria of s71(1) and s71(2), i.e. a 5 point increase.
Impairment point thresholds may be made up of a single interim condition, or contributed to by multiple conditions, one of which is interim. It is not necessary for the unstable condition alone to meet the threshold points, providing the overall points threshold will be met by the inclusion of all conditions being assessed including the interim condition.
For clients with posttraumatic stress disorder (PTSD), depressive disorder, anxiety disorder, substance use disorder or alcohol use disorder included in their assessment, the minimum number of IP’s will be considered to be reached if their current impairment from that condition/s is 10 points or more i.e. these clients will receive interim PI compensation at a minimum of 10 points.
Example 1:
Accepted Conditions | Status | Points |
thoracolumbar spine strain | Permanent | Currently 20 but expected to improve to 10 with treatment over the next 6 months. |
In this case, because the condition is not yet stable, an assessment under section 68 is not possible, therefore an assessment is undertaken under s75 for interim compensation for the accepted condition. As the final points at the end of treatment is expected to be 10, eligibility for interim permanent impairment compensation has been reached as it meets the minimum threshold for an initial claim of 10 points. Interim compensation is determined based on 10 interim impairment points plus the appropriate lifestyle rating (being generally the bottom of the shaded area). A review date is set for 6 months to assess the stability of the thoracolumbar spine strain.
Example 2:
Accepted Conditions | Status | Points |
Left and right knees | Permanent & Stable | 5 points |
thoracolumbar spine disc disruption | Permanent & Stable | |
Hearing Loss | Permanent & Stable | 5 points |
Post Traumatic Stress Disorder | Permanent | Currently 50 but expected to improve to 30 with active treatment over the next 6 months. |
Major Depressive Disorder | Permanent | |
Total Combined Interim Points |
| 37 |
In this case, because one or more of the conditions is not yet stable, an assessment under section 68 is not possible, therefore an assessment is undertaken under s75 for interim compensation for all of the combined conditions. As the overall points at the end of any active treatment is expected to be 37, eligibility for interim permanent impairment compensation has been reached as it meet the minimum threshold for an initial claim of 10IP. Interim compensation is determined based on 37 interim impairment points plus the appropriate lifestyle rating (being generally the bottom of the shaded area).
Example 3:
Accepted Conditions | Status | Points previously determined s68 | New points on reassessment |
Left and right knees | Permanent & Stable | 10 points | Currently 30 points but expected to be reduced to 20 points after surgery (spine) |
thoracolumbar spine | Permanent | ||
Hearing Loss | Permanent & Stable | 10 points | 10 points |
Post Traumatic Stress Disorder | Permanent & stable | 20 | 20 |
Total Combined Points | 35 (previously determined) | 42 (current interim points) |
In this case, because one or more of the conditions is not yet stable, an assessment under section 71 for additional compensation is not possible, therefore an assessment is undertaken under s75 for interim compensation for all of the combined conditions. As the overall points at the end of any active treatment is expected to be 42, eligibility for additional interim permanent impairment compensation has been reached as it meets the minimum threshold for an additional claim of 5IP. The claim for additional compensation is paid based on 42 impairment points plus the appropriate lifestyle rating (being generally the bottom of the shaded area), and taking into account previously paid PI compensation.
Under subsection 75(2) of the MRCA [3], the amount of interim compensation is the amount determined to be reasonable, based on an estimate of the final PI rating suffered by the claimant once the impairments have stabilised. When the estimated PI rating has been determined, the compensation factor is calculated, taking account both of the level of PI and the lifestyle rating.
Where interim PI is payable in respect of a PI claim, the lifestyle rating for the person's whole person impairment is determined using Chapter 22 of GARP M [8]
Note that for Step 1 there may be situations where no lifestyle rating has been determined. This would include:
If the client has completed option 1 (self-rated) or option 3 (questionnaire) these are to be ignored for interim PI lifestyle assessment.
Example 1
A client claimed liability and PI for a service injury in January 2013. His specialist advised that the condition had not stabilised at the time of his claim so the delegate decided to pay him interim PI. As the determination of the amount payable was made prior to 1 July 2013, the calculation of his interim PI did not include a lifestyle effect. As his condition was still unstable on 1July, the amount payable is to be recalculated as soon as practicable after that date to include a lifestyle factor with his PI increasing from 1 July 2013 to take account of the lifestyle factor.
Example 2
A client claimed liability and PI for a service injury in November 2012. His specialist advised that the condition had not stabilised at the time of his claim so the delegate decided to pay him interim PI. As the determination of the amount payable was made prior to 1 July 2013, the calculation of his interim PI did not include a lifestyle effect. As his condition stabilised in May his PI was recalculated (including a lifestyle rating) and increased to his final payment rate with effect from the date of stabilisation in May. Because his condition had stabilised the instructions under “Optional methods of Assessment” in Chapter 22 of GARP M are applied to determine his lifestyle rating rather than the steps in 5.8.4 [10].
Example 3
A client claimed liability and PI for a service injury in January 2013. His specialist advised that the condition had not stabilised at the time of his claim so the delegate decided to pay him interim PI. As the determination of the amount payable was made prior to 1 July 2013, the calculation of his interim PI did not include a lifestyle effect. In March 2013 he decided to convert the weekly payment to a lump sum. Therefore his PI is not to be re-calculated to include a lifestyle factor for the period from 1 July 2013. However, when his condition stabilises his whole person impairment will be adjusted to include a lifestyle rating for the newly stabilised condition.
Once the impairment(s) for which interim compensation has been paid stabilises, PI compensation is recalculated at the final assessed rate (i.e. the weekly rate applicable at the date the final assessment is undertaken). If the final weekly rate of payment has increased by any amount (i.e. there is no minimum threshold to be met in these circumstances), the ongoing periodic payment to the claimant is increased by the difference between the two.
Where the available medical evidence indicates that the final level of impairment is not more than the previously assessed interim rating (i.e. in circumstances where the client's impairment has improved beyond the estimated level), it would appropriate to consider the existing interim rating as the final rating to enable the case to be finalised. This would be the continuing level of impairment for compensation purposes (i.e. reassessment thresholds would need to be met above the higher rating in accordance with s71).
If the final rating is below the interim rating, it will not be appropriate to consider a higher lifestyle rating as it can be argued that the lifestyle effects have already been compensated at the level determined as part of the previous interim assessment. In these scenarios, stability can be confirmed and the determination can indicate (where applicable) that no further compensation is payable. The claim can be considered finalised for the purposes of s75(4).
When an interim payment has been made as a lump sum, the amount of PI payable is calculated by converting the lump sum paid to a current weekly amount and subtracting this from the total weekly amount of PI payable at final assessment. The difference is the new weekly amount payable (which can be converted to a lump sum or taken as an ongoing weekly entitlement).
In either case, the new rate is subject to the rules for conversion to a lump sum set out in section 78 of the MRCA [3]as discussed below.
In cases where multiple impairments are being considered as part of the PI assessment (and interim compensation has previously been paid), a final amount of PI compensation becomes payable once all of the service injuries or diseases concerned have stabilised. If the final weekly rate of PI payment is greater than the weekly interim rate, the increase in the rate is backdated to the date on which the delegate is satisfied that all of the person's service injuries or diseases stabilised.
It is not uncommon for the finalisation of an interim claim under section 75(4) to coincide with the assessment of additional compensation for impairment under s71. Where this happens the outcome should be one of a total combined whole person impairment as this is the most beneficial outcome for the client. If the s71 condition/s meet the 5 point threshold then the date of effect will be the same as in other s71 circumstances. If the s71 conditions do not meet the 5 point threshold, they are instead included as part of the s75(4) finalisation. The date of effect for these cases will be the date all of the conditions contributing to the WPI have stabilised.
Example
An interim claim initially determined under section 75 with a total WPI rating of 25 points for a combination of hearing loss and lumbar spondylosis is being finalised. The overall final WPI rating for these two conditions is now 28 points. At the same time, impairment for a new service injury of right knee osteoarthritis has been assessed at 10 points. The date of effect for the increase from 25 to 28 points for the finalisation of the interim conditions is the date both the hearing loss and lumbar spondylosis are considered stable. The date of effect for the additional 10 points for the new condition is the latter of the date of the IL claim for the osteoarthritis or the date the osteoarthritis became permanent and stable.
However, if the WPI rating of the new condition of right knee osteoarthritis did not meet the increase of 5 impairment points on its own, the points would be added to the overall WPI total along with the finalisation of the interim conditions, with an effective date when all of the person’s service injuries or diseases have stabilised.
5.8.6.1 Date of effect for interim payments – single conditions
Where a determination is made that interim PI is payable in respect of a single condition the PI is payable from the later of:
5.8.6.2 Date of effect for interim payments – multiple conditions
Where a determination is made that interim PI is payable in respect of multiple conditions the PI for each condition may be payable from different dates because the date of effect for each condition is the later of
Example
Client is receiving PI for several stable conditions. On 12 September 2013 he claims PI for one new condition. Medical advice is that whilst the condition is permanent it is not yet stable and that at the time of the claim for PI it increased this person’s overall impairment rating by more than 5 impairment points. The delegate decides to pay him interim PI. The date of effect for payment of the interim PI is the date of claim on 12 September 2013.
Each offer of interim compensation requires a new offer/determination and optional choice to take a lump sum or part lump sum payment. The default payment method is periodic compensation paid fortnightly which should automatically be processed after a specified time (usually 21-30 days from determination date) set out by the delegate in the determination letter (noting the s389 choice). Under section 78 of the MRCA [3], a person may be entitled to choose to convert all or part of the periodic compensation payable to a lump sum. This could potentially lead to a situation where someone receives a combination of periodic and lump sum payments if more than one interim offer is made.
Subsection 78(3) requires that this choice, if the clients should decide to make it, must be done via writing and submitted to the MRCC within six months of the date that the person received the notice of the periodic amount payable.
In cases where a person is offered more than one interim payment and put into periodic payments, the six month timeframe within which to make an election to commute one or more of those offers to a lump sum may become a relevant consideration. If that is the case, the 'special circumstances' provision under subsection 78(4) can be invoked when the final assessment occurs. Effectively this would mean that the veteran has the option of taking all of the PI compensation owed to them (that has not previously been converted to a lump sum) as either a lump sum or a part lump sum. This use of the special circumstances provision is a good example of a situation that can rightly be classified as exceptional.
Section 389 of the MRCA provides that a member or former member to whom PI compensation is payable, but who has not been paid any PI compensation, can institute an action for damages against the Commonwealth or a potentially liable member at common law. See part 5.14 "Claimants Pursing Common Law Action [13]" for more information.
The following examples demonstrate the effect of multiple interim payments on a person's entitlements based on a single accepted impairment. The examples are based on the following set of information:
Payment |
Date |
Age |
Impairment |
Lifestyle |
Calculation (warlike/non-warlike) |
Interim A
|
2-7-2008 |
36 |
18 points |
0 |
0.159 x $275.86 = $43.86 per week |
Interim B
|
2-7-2009 |
37 |
30 points |
0 |
0.265 x $286.07 = $75.81 per week |
Final
|
2-7-2010 |
38 |
50 points |
3 |
0.509 x $292.08 = $148.67 per week |
Example 1 – Male choosing lump sum, periodic, periodic
Payment |
Date |
Age |
Impairment |
Lifestyle |
Calculation (warlike/non-warlike) |
Election |
Interim A |
2-7-2008 |
36 |
18 points |
0 |
A = 0.159 x $275.86 = $43.86 per week $43.86 x 1232.4 = $54,053.06 lump sum
|
Takes lump sum of $54,053.06 |
Interim B |
2-7-2009 |
37 |
30 points |
0 |
B = 0.265 x $286.07 = $75.81 per week A1 (current equivalent of Interim A payment) = 0.159 x $286.07 = $45.49 per week $75.81 (B) - $45.49 (A1) = $30.32 per week
|
Takes periodic payment of $30.32 per week |
Final |
2-7-2010 |
38 |
50 points |
3 |
Final = 0.509 x $292.08 = $148.67 per week A2 (current equivalent of Interim A payment) = 0.159 x $292.08 = $46.44 $148.67 (final) – $46.44 (A2) = $102.23 per week
|
Takes new periodic payment of $102.23 per week |
In this example (1), the current weekly equivalent of the lump sum taken at Interim A is subtracted before the final calculation of weekly payments.
Example 2 – Male choosing periodic, lump sum, periodic
Payment |
Date |
Age |
Impairment |
Lifestyle |
Calculation (warlike/non-warlike) |
Election |
Interim A |
2-7-2008 |
36 |
18 points |
0 |
A = 0.159 x $275.86 = $43.86 per week
|
Takes periodic payment of $43.86 |
Interim B |
2-7-2009 |
37 |
30 points |
0 |
B = 0.265 x $286.07 = $75.81 per week A1 = 0.159 x $286.07 = $45.49 per week $75.81 (B) - $45.49 (A1) = $30.32 per week $30.32 x 1218.1 = $36,932.79
|
Takes lump sum of $36,932.79 and continues periodic payment of $43.86 (indexed) per week |
Final |
2-7-2010 |
38 |
50 points |
3 |
Final = 0.509 x $292.08 = $148.67 per week ($30.32 ? $286.07) x $292.08 = $30.96 (current equivalent of $30.32) $148.67 (final) – $30.96 = $117.71 per week
|
Takes new periodic payment of $117.71 per week |
In this example (2), the weekly equivalent of the lump sum taken at Interim B is subtracted before the final calculation of weekly payments.
Example 3 – Male choosing lump sum, periodic, lump sum
Payment |
Date |
Age |
Impairment |
Lifestyle |
Calculation (warlike/non-warlike) |
Election |
Interim A |
2-7-2008 |
36 |
18 points |
0 |
A = 0.159 x $275.86 = $43.86 per week $43.86 x 1232.4 = $54,053.06 lump sum
|
Takes lump sum of $54,053.06 |
Interim B |
2-7-2009 |
37 |
30 points |
0 |
B = 0.265 x $286.07 = $75.81 per week A1 = 0.159 x $286.07 = $45.49 per week $75.81 (B) - $45.49 (A1) = $30.32 per week
|
Takes periodic payment of $30.32 per week |
Final |
2-7-2010 |
38 |
50 points |
3 |
Final = 0.509 x $292.08 = $148.67 per week A2 = 0.159 x $292.08 = $46.44 $148.67 (final) – $46.44 (A2) = $102.23 $102.23 x 1221.5 = $124,873.94 $124,873.94 – (52 weeks x $30.32) = $123,297.30
|
Takes lump sum of $123,297.30 ($124,873.94 minus Interim B already paid as periodic payments). Periodic payments will cease. |
In this example (3), the weekly equivalent of the lump sum taken at Interim A is subtracted before the final calculation of weekly payments, which is converted to a lump sum. Also, the equivalent of the periodic payments paid for the 52 weeks between July 2009 & July 2010 is subtracted from the final lump sum calculation.
Example 4 – Male choosing periodic, periodic, lump sum
Payment |
Date |
Age |
Impairment |
Lifestyle |
Calculation (warlike/non-warlike) |
Election |
Interim A |
2-7-2008 |
36 |
18 points |
0 |
A = 0.159 x $275.86 = $43.86 per week
|
Takes periodic payment of $43.86 |
Interim B |
2-7-2009 |
37 |
30 points |
0 |
B = 0.265 x $286.07 = $75.81 per week
|
Takes new periodic payment of $75.81 per week |
Final |
2-7-2010 |
38 |
50 points |
3 |
Final = 0.509 x $292.08 = $148.67 per week $148.67 (final) x 1221.5 = $181,600.41 $181,600.41 – (52 weeks x $43.86 (A) + 52 weeks x $75.81 (B)) = $175,377.57
|
Takes lump sum of $175,377.57 ($181,600.41 minus total of Interim A & B already paid as periodic payments). Periodic payments will cease |
In this example (4), the final assessment of weekly payments is converted to a lump sum.
Example 5 – Male choosing periodic, lump sum, lump sum
Payment |
Date |
Age |
Impairment |
Lifestyle |
Calculation (warlike/non-warlike) |
Election |
Interim A
|
2-7-2008 |
36 |
18 points |
0 |
A = 0.159 x $275.86 = $43.86 per week |
Takes periodic payment of $43.86 |
Interim B
|
2-7-2009 |
37 |
30 points |
0 |
B = 0.265 x $286.07 = $75.81 per week A1 = 0.159 x $286.07 = $45.49 per week $75.81 (B) - $45.49 (A1) = $30.32 per week $30.32 x 1218.1 = $36,932.79 |
Takes lump sum of $36,932.79 and continues periodic payment of $43.86 (indexed) per week |
Final
|
2-7-2010 |
38 |
50 points |
3 |
Final = 0.509 x $292.08 = $148.67 per week ($30.32 ? $286.07) x $292.08 = $30.96 (current equivalent of $30.32) $148.67 – $30.96= $117.71 per week $117.71 x 1221.5 = $143,782.76 $143,782.76 – (52 weeks x $43.86 (A) + 52 weeks x $45.49 (1)) = $139,136.56 |
Takes lump sum of $139,136.56 ($143,782.76 minus the total of Interim A already paid as periodic payments). Periodic payments will cease |
In this example (5), the current weekly equivalent of the lump sum taken at Interim B is subtracted from the final calculation of weekly payments, which is converted to a lump sum. The final lump sum calculation also takes account of the periodic payments which were paid for 52 weeks at the 2008-2009 rate and 52 weeks at the 2009-2010 rate.
Ceasing periodic payments: In examples 3, 4 and 5, the person's periodic payments effectively cease. This is due to the final amount being converted to a lump sum. The 'special circumstances' provision in section 78(4) would need to be used to allow the person to choose to convert to a lump sum all PI compensation payable to them that has not previously been converted to a lump sum.
This provides additional flexibility to the claimant, otherwise, the amount that could be converted would be limited to the difference between the interims paid and the final assessment.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/19392%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=comment/reply/19379%23comment-form
[3] http://www.comlaw.gov.au/Series/C2004A01285
[4] https://clik.dva.gov.au/user/login?destination=comment/reply/19358%23comment-form
[5] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-5-permanent-impairment/52-entitlement-permanent-impairment-compensation/521-required-degrees-impairment
[6] https://clik.dva.gov.au/user/login?destination=comment/reply/19387%23comment-form
[7] https://clik.dva.gov.au/user/login?destination=comment/reply/19398%23comment-form
[8] https://www.legislation.gov.au/Series/F2016L01290
[9] https://clik.dva.gov.au/user/login?destination=comment/reply/19380%23comment-form
[10] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-5-permanent-impairment/58-interim-permanent-impairment-compensation/584-determination-lifestyle-rating-where-interim-pi-payable
[11] https://clik.dva.gov.au/user/login?destination=comment/reply/19374%23comment-form
[12] https://clik.dva.gov.au/user/login?destination=comment/reply/19357%23comment-form
[13] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-5-permanent-impairment/514-claimants-pursuing-common-law-action
[14] https://clik.dva.gov.au/user/login?destination=comment/reply/19342%23comment-form