75Responsibilities of self-insurers and the Authority

75 Responsibilities of self-insurers and the Authority S. 75(1) amended by No. 44/2014 s. 9. (1) If the Authority or a self-insurer does not give written notice of a decision to accept or reject a claim for compensation in the form of weekly payments— (a) if the claim was accompanied by a medical certificate in accordance with section 25, within 28 days after receiving the claim; or (b) if the claim was not accompanied by a medical certificate in accordance with section 25, within 28 days after receiving such a medical certificate— the claim is deemed to have been accepted and the Authority or self-insurer must pay compensation in the form of weekly payments to the worker subject to and in accordance with this Act or the **Accident Compensation Act 1985**. (2) The Authority or a self-insurer must give written notice of a decision to accept or reject a claim for compensation for medical or like services under Division 7 of Part 5 of this Act or Division 2B of Part IV of the **Accident Compensation Act 1985** within 28 days after receiving the claim. (3) The written notice of a decision to accept or reject a claim for compensation in the form of weekly payments or for compensation for medical or like services under Division 7 of Part 5 or Division 2B of Part IV of the **Accident Compensation Act 1985** must, in the case of a decision to reject the claim, include a statement of the reasons for the decision. S. 75(4) amended by No. 44/2014 s. 9. (a) a worker notifies the Authority of a claim given to or served on the employer under section 21(2); and (b) the Authority receives from the employer, within the period referred to in section 73(1), the claim and the relevant medical certificate in accordance with section 25, and does not give notice of a decision to accept or reject the claim within 28 days after the Authority receives the claim and medical certificate— the claim is deemed to have been accepted by the Authority and the Authority must pay compensation in the form of weekly payments to the worker, subject to and in accordance with this Act or the **Accident Compensation Act 1985**. S. 75(5) amended by No. 44/2014 s. 9. (a) a worker notifies the Authority of a claim given to or served on the employer under section 21(2) that is accompanied by a medical certificate in accordance with section 25; and (b) the Authority does not receive the claim from the employer within the period referred to in section 73(1); and (c) the Authority does not give notice of a decision to accept or reject the claim within 39 days after the Authority receives notice of the claim— the claim is deemed to have been accepted by the Authority and the Authority must pay compensation in the form of weekly payments to the worker, subject to and in accordance with this Act or the **Accident Compensation Act 1985**. (6) If the Authority receives a claim in accordance with section 20(2) (not being a claim that has been rejected under this section) for compensation in the form of weekly payments that is accompanied by the relevant medical certificate in accordance with section 25 from the employer more than 28 days after the expiry of the period of 10 days referred to in section 73(1)— (a) the claim is deemed to have been accepted; and (b) the Authority must pay compensation in the form of weekly payments to the worker, subject to and in accordance with this Act or the **Accident Compensation Act 1985**. (7) A decision or deemed decision under this section is binding on the employer in respect of the employer's liability under the employer's excess. (8) If subsection (6) applies— (a) a deemed decision under that subsection is binding on the employer; (b) the employer is liable for all weekly payments made to the worker by the Authority after— (i) the day on which the claim was given to or served on the employer; or (ii) if the claim was not accompanied by a medical certificate in accordance with section 25, the day on which the certificate is given to the employer— whichever is the later, until the day on which the claim and the medical certificate have been received by the Authority from the employer. S. 75A inserted by No. 5/2021 s. 9.