|NSW DISPUTE RESOLUTION SERVICE (NSWDRS)|
|Catchwords||Statutory benefits - weekly payments - self employed - review discontinued|
|Legislation cited||Motor Accidents Injury Act (NSW) ss 3.6, 7.13, Schedule 2|
Motor Accident Injuries Regulation 2017
Motor Accident Guidelines effective 13 July 2018 cl 7.441
|Parties||AAX - Claimant|
NRMA Insurance Ltd - Insurer
|Disclaimer||This decision has been edited to remove all Unique Personal Identification including the name of the Claimant.|
Merit Review Certificate
Issued under section 7.13(4) of the Motor Accident Injuries Act 2017
|The Reviewable Decision|
|Reviewable decision‐maker||Karen Burgoyne|
|Date of Reviewable decision||21 June 2018|
|Nature of Reviewable decision||The weekly payments of statutory benefits to injured persons|
|The Merit Review|
|Merit Reviewer||Terence O'Riain|
|Date of Merit Review Certificate||13 September 2018|
Merit Reviewer’s Determination
- The Merit Review is discontinued
Merit Reviewer’s Reasons for Determination
1. There is a dispute between AAX and the Insurer in respect to the payment of weekly payments under section 3.6(2) of the Motor Accidents Injuries Act 2017 (“the Act”) arising from the motor accident on 22 May 2018.
2. The Insurer initially declined to pay the benefit for the period from date of accident up to and including 29 May 2018 and this decision was affirmed on internal review.
3. Since this Merit Review was sought the Insurer has conceded that AAX has an entitlement to weekly payments for the period claimed.
4. At this stage the only outstanding matter is the quantum of weekly payments as AAX is self employed.
5. AAX or the Insurer may reapply for Merit Review regarding quantum if that matter cannot be resolved.
Documents and Information
6. I have considered the documents provided in the application and the reply and any further information provided by the parties.
7. In conducting my review I have considered the following legislation and guidelines:
b. Motor Accident Guidelines effective 13 July 2018 (“the Guidelines”)
c. Motor Accident Injuries Regulation 2017 (NSW) (“the Regulation”)
8. Legal Costs are not sought
9. Disbursements for medical reports to be agreed between AAX and the Insurer.
My determination of the Merit Review is as follows:
· The Merit Review is discontinued.
Merit Reviewer, Dispute Resolution Service
13 September 2018