Determine the claim based on available information
It is open to Incapacity delegates to determine Incapacity claims based on the available evidence, if the evidence allows them to be satisfied that the relevant DRCA provisions have been met.
Another question to ask is: How can I make the s58 process work to finalise an old claim where the client has completely disengaged?
Offsetting compensation paid as a lump sum
Compensation offsetting of Disability Compensation Payments due to lump sums
The offsetting of a Disability Compensation Payment resulting from other compensation is not based on repaying the lump sum. The fortnightly equivalent amount represents a return of the lump sum plus interest over the course of a person’s actuarially calculated life expectancy.
Canute v Comcare (2006)
