AAH certificate

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

The Claim
Claimant AAH
Insurer GIO
Claim Number Y05236200301
The Reviewable Decision
Reviewable decision‐maker Not provided
Date of Reviewable decision Unknown
Nature of Reviewable decision Pre-accident weekly earnings (PAWE)
The Merit Review
Our Reference 10035387
Merit Reviewer Rachel Brittliff
Date of this Certificate28 September 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.

My determination of the Merit Review is as follows:

●   The reviewable decision is set aside and the decision is remitted to the Insurer for reconsideration in accordance with these directions:
○   AAH is to provide evidence of all income made in self-employment as a massage therapist for the 365 days prior to her injury to the Insurer.
○   AAH is to supply information in relation to the actual costs of running her business to the Insurer.
○   The Insurer is to calculate AAH’s PAWE from her massage therapy business in accordance with clause 4(1) of Schedule 1 of the Act as follows:
((Income from self-employment in the 365 days immediately before the day on which the motor accident occurred ÷ 365) – (Actual costs of business) x 7)
●   Effective Date: This determination takes effect from the date of the first weekly payment of statutory benefits made to AAH in accordance with Division 3.3 of the Act.

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

Rachel Brittliff
Merit Reviewer, Dispute Resolution Service