VIC Loss of Future Earnings - 40% decrease criteria satisfied

Discussion in 'Personal Injury Law Forum' started by Astro Bam, 10 February 2020.

  1. Astro Bam

    Astro Bam Member

    Joined:
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    Any answers & thoughts would be appreciated...

    Scenario:

    1. Injury caused a permanent decrease in potential earning capacity greater than 40%
    2. 98C IB claim lodged
    3. IB Assessment determines 30% permanent impairment

    Agent fails to issue Notice of Impairment. Time allowed has expired. Claim has not been suspended. Agent cant be compelled to issue Notice or make a statement of reasons for their inaction.

    Obviously the Agent cant block the process to lodge a loss of future earnings claim by ignoring the IB claim so it's not finalised.

    Questions:
    Was the 98C claim the best route to the loss of future earnings claim?
    Can the IB report containing the 30% degree of impairment be used without a corresponding Notice when Agent abandons claim?
    What options are there in this scenario to work around this obstacle?
    Is there a sub-clause that provides for the agents failure to act like when a serious injury application is ignored?
     
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