Where a workers' compensation claim is deemed accepted under s.109(1)(a) of the Accident Compensation Act 1985 (Vic) due to failure to give timely or effective notice of rejection, the worker is entitled to an order for weekly payments under s.109(1)(b) without proving entitlement to compensation generally under the Act. Weekly payments under s.109 can only be terminated by notice under s.114. However, a notice of rejection containing an obvious clerical error that does not obscure the substance of the rejection remains effective to deny operation of s.109(1). Section 109 deals only with weekly payments and does not authorise orders for medical and like expenses under s.99.
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