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ADS certificate

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

Claimant ADS
InsurerNRMA Insurance
Claim numberNWRND1800192
Date of accident26 October 2018
Date of decision3 December 2018
Nature of decisionThe amount of pre-accident weekly earnings
Our Reference10074862
Merit ReviewerJeremy Lum
Date of this certificate11 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
  • 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

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