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AEN Certificate

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

The Claim
Claimant AEN
Insurer CIC Allianz
Claim Number 37C000201
The Reviewable Decision
Reviewable decision-makerMarcus De Courtenay
Date of Reviewable decision27 February 2019
Nature of Reviewable decision Whether the Claimant has sustained a total or partial loss of earnings as a result of the injuries sustained in the motor vehicle accident pursuant to Section 3.7(1) of the Motor Accident Injuries Act 2017
The Merit Review
Our Reference 10087880
Merit Reviewer Leigh Davidson
Date of Merit Review Certificate 28 May 2019

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 the amount of statutory benefits payable under Division 3.3.

My determination of the Merit Review is as follows:

  • The reviewable decision is set aside and the following decision is made in substitution for the reviewable decision:
o  The Claimant, who is an earner injured as a result of the motor accident dated 17 March 2018 has suffered a total or partial loss of earnings as a result of the motor accident injuries is entitled to weekly payments of statutory benefits during the second entitlement period in accordance with Section 3.7(1) of the Act.

o  The amount of statutory benefits that is payable to the Claimant under Division 3.3 must conform to the requirements of Section 3.7(2) of the Act.

o  It is the function of the Dispute Resolution Service on merit review to arrive at the correct and preferable outcome in respect of the weeks covered by the reviewable decision that is referred for review. Accordingly, this determination has effect from 28 December 2018 to 18 March 2019.

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

Leigh Davidson
Merit Reviewer, Dispute Resolution Service