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AAF certificate

Merit Review Certificate

Issued under section 7.13(4) of the Motor Accident Injuries Act 2017

The Claim:
Claimant:AAF
Insurer:GIO
Claim Number:Y052933003
The Reviewable Decision:
Reviewable decision-maker:Tim Virgona
Date of Reviewable decision:17 May 2018
Nature of Reviewable decision:The amount of pre-accident weekly earnings
The Merit Review:
Our Reference:10033956
Merit Reviewer:Margot Undercliffe
Date of Merit Review Certificate:13 July 2018

Merit Reviewer’s Determination

This determination relates to a merit review matter, which is a reviewable decision under Schedule 2(1)(a) of the Motor Accident Injuries Act 2017, about weekly payments of statutory benefits to injured persons.

My determination of the Merit Review is as follows:

  • The reviewable decision is set aside and the following decision is made in substitution for the reviewable decision:
    • AAF’s PAWE is $870.17.
  • Effective Date: The review decision referred for merit review by AAF is about the amount of his PAWE and the decision covers weekly payments of statutory benefits payable by the relevant insurer to AAF from the date of accident. It is the function of the Dispute Resolution Service on merit review to arrive at the correct and preferable outcome in respect of the weeks covered by the reviewable decision that is referred for review. Accordingly, this determination has effect from 8 December 2017.  The insurer is to pay AAF the difference between what he has been paid and was entitled to be paid in accordance with the decisions above.

A brief statement of my reasons for this determination are attached to this certificate.

Margot Undercliffe

Merit Reviewer, Dispute Resolution Service