ACTIn ForceAct
Workers Compensation Act 1951
128Claim—injury other than imminently fatal
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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.