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AAG certificate

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

The Claim
Claimant AAG
Insurer NRMA Insurance Australia Limited
Claim Number: NWRTP180007701
The Reviewable Decision
Decision-maker: Saroja Sureshkumar
Date of decision: 24 January 2018
Nature of decision: The amount of pre-accident weekly earnings
The Merit Review
Our Reference: 10034039
Merit Reviewer: Jeremy Lum
Date of this Certificate: 8 August 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 (the Act).

The merit review matter is about the amount of weekly payments of statutory benefits that is payable to AAG under Division 3.3 (weekly payments of statutory benefits to injured persons).

The determination of the Merit Review is as follows

●   The reviewable decision is set aside and remitted to the Insurer for reconsideration with the following directions:
The Insurer is to obtain the following:

○   AAG’s 2017 and 2018 Income Tax Return (if available).
○   AAG’s 2017 and 2018 Notice of Assessment (if available).
○   Schedule from Bacchus showing each payment of director’s fee to AAG for the period 2 January 2017 to 1 January 2018.
○   A copy of the company constitution for each of the entities in which AAG was a director, for the period 2 January 2017 to 1 January 2018.

●   Effective Date: Until the Insurer reconsiders its pre-accident weekly earnings decision, the Insurer is to continue to pay AAG weekly payments of $1,846.15. Upon making its reconsideration decision, the Insurer is to pay AAG the difference between what he has been paid and what he was entitled to be paid (if there is a shortfall), taking effect from24 January 2018, the date of the Insurer’s original decision in relation to AAG’s pre- accident weekly earnings.

Jeremy Lum
Dispute Resolution Service Merit Reviewer