When may the Corporation pay part of a national health insurance treatment cost for someone who previously received industrial accident treatment?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the record closing the industrial accident treatment or re-care, the papers showing national health insurance treatment received afterwards, and any material linking those treatments to the same work-related injury or disease.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets out every condition together: where a person who received treatment for a work-related injury or disease under the industrial accident provisions, or re-care, later receives national health insurance treatment within the period the provision sets after that treatment was closed, but only where the insurance treatment is given for symptoms of the injury or disease that formed the subject of the closed treatment, the Corporation may pay the amount the national health insurer bore within that insurance treatment cost.
Another reading stresses the closing limits: the power is written as something the Corporation 'may' exercise, not a duty, and it reaches only the share of the cost borne by the national health insurer, so the provision leaves open which costs count as that share and how the Corporation decides to use its discretion.
Your judgment
How could the file show that the later insurance treatment was given for symptoms of the injury that formed the subject of the closed treatment?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which treatments or periods it reaches, or if a court decision explains what counts as the amount borne by the national health insurer.