Issued in accordance with section 7.36(5) of the Motor Accident Injuries Act 2017 and clause 7.441 of the Motor Accident Guidelines
Determination of a matter declared under Schedule 2(3) of the Act to be a miscellaneous claims assessment matter
|Insurer||Allianz Australia Insurance Limited|
|Date of Accident||21 March 2018|
|Insurance Claim Number||75C000318|
|Date of Internal Review||14 August 2018|
|DRS Decision Maker||Helen K. Wall|
|Date of Decision||19 November 2018|
|Conference date and time||Determined on the papers|
The findings of the assessment of this dispute are as follows:
- For the purposes of section 6.27 of the Motor Accidents Injuries Act 2017, the Claimant has provided a reasonable excuse for non-compliance with his duty to attend the appointment with Dr Gehr, on 18 July 2018.
- For the purposes of section 6.27, the Insurer is not entitled to refuse payment of weekly payments of statutory benefits from 18 July 2018 to 8 August 2018.
- Effective Date: This determination takes effect on 19 November 2018.
- Legal Costs: The amount of the Claimant’s costs assessed in accordance with the Motor Accident Injuries Regulation 2017 is $1,633.00 plus GST.
A brief statement of my reasons for this determination are attached to this certificate.
Helen K. Wall
DRS Decision Maker