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SCT warns on TDP
The SuperannuationComplaints Tribunal(SCT) has warned trustees that distinct differences exist between the assessment of total and permanent disablement (TPD) claims for superannuation purposes and assessments for workers compensation.
The SCT chairman, , used the tribunal’s quarterly bulletin to warn that the medical reports prepared for should be treated carefully by trustees “because the test to be answered in securing workers’ compensation is different from that involved when assessing a TPD claim”.
McDonald also urged caution on the part of trustees when relying exclusively on the content of medical reports.
He said while medical reports were an integral part of an assessment, they did not of themselves provide an answer.
McDonald said the test applied by the tribunal was one of fairness and reasonableness in the claimant’s circumstances, and that might include consideration of a person’s age, whether they lived in a remote area and whether they spoke English.
“After consideration of each of the above factors and any other which may be relevant, an overall decision must be made in accordance with the weight of the evidence gathered,” he said
AUTHOR
Mike Taylor
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