ADS certificate
Issued under section 7.13(4) of the Motor Accident Injuries Act 2017.
| Claimant | ADS |
| Insurer | NRMA Insurance |
| Claim number | NWRND1800192 |
| Date of accident | 26 October 2018 |
| Date of decision | 3 December 2018 |
| Nature of decision | The amount of pre-accident weekly earnings |
| Our Reference | 10074862 |
| Merit Reviewer | Jeremy Lum |
| Date of this certificate | 11 February 2019 |
Determination
The reviewable decision is the decision of the Insurer about ADS’s pre-accident weekly earnings
(PAWE). This is a decision that affects the amount of weekly payments of statutory benefits and is therefore a merit review matter under Schedule 2(1)(a) of the Motor Accident Injuries Act 2017.
- The reviewable decision is set aside and the following decision is made in substitution:
- From 25 October 2018 to 25 January 2019, ADS is entitled to weekly payments of statutory benefits in the amount of $504.88 per week (interim amount). ADS is open to nominate a lower amount.
- The reviewable decision is set aside and remitted to the Insurer for reconsideration in accordance with the following directions:
- The Insurer is to re-calculate ADS’s PAWE within 28 days after receipt of the following:
- 2018 financial accounts of ADS Jewellery Pty Ltd
- 2018 income tax return of ADS Jewellery Pty Ltd
- 2018 personal income tax return of ADS
- The Insurer is to re-calculate ADS’s PAWE within 28 days after receipt of the following:
- Following the re-calculation of ADS’s PAWE, the Insurer is to pay ADS any amounts owed to him. This is to apply from 26 January 2019.
A brief statement is attached setting out my reasons for the determination.
Jeremy Lunn
Merit Review
Dispute Resolution Services