Australian Capital Territory Numbered Acts

WORKERS COMPENSATION AMENDMENT ACT 2016 (NO 2) (NO. 27 OF 2016) - SECT 14

substitute

128     Claim—injury other than imminently fatal asbestos-related disease

    (1)     This section applies to a claim for compensation in relation to an injury, other than an imminently fatal asbestos-related disease.

    (2)     If, at the end of 28 days after the day the insurer receives the claim, the insurer has not decided to reject the claim—

        (a)     the insurer is taken to have accepted the claim; and

        (b)     any payment made by the insurer in relation to the claim is not recoverable.

    (3)     However, subsection (2) (b) does not apply to a payment made by the DI fund.

128A     Claim—imminently fatal asbestos-related disease

    (1)     This section applies to a claim for compensation in relation to an imminently fatal asbestos-related disease.

    (2)     If, at the end of 28 days after the day the insurer receives the claim, the insurer has not decided to reject the claim, the insurer must tell the worker—

        (a)     that the claim is still being considered by the insurer; and

        (b)     the reason why the claim is still under consideration.