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

    25 March 2018
    Likes Received:
    Any answers & thoughts would be appreciated...


    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.

    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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