Aak v AAMI Limited

[2021] NSWPICMR 5

CERTIFICATE OF DETERMINATION OF MERIT REVIEWER

CITATION:

AAK v AAMI Limited [2021] NSWPICMR 5

APPLICANT:

AAK

RESPONDENT:

AAMI

MERIT REVIEWER:

Maurice Castagnet

DATE OF DECISION:

21 April 2021

CATCHWORDS:

MOTOR ACCIDENTS- dispute about the amount of weekly payments under Division 3.3 of the Motor Accident Injuries Act 2017; pre-accident weekly earnings (PAWE); various forms of employment in the music field; following a period of maternity leave; earner; earnings she could have reasonably expected to earn but for the injury; booked for singing lessons; voice teacher; vocal performer; Held- the reviewable decision is set aside; PAWE amount determined; exceptional circumstances exist to justify payment of legal costs.

DETERMINATIONS MADE:

1.     The reviewable decision is set aside.
 

2.     In accordance with Schedule 1, subclauses 4(2)(b) and 4(2)(c) the amount of the claimant’s pre-accident weekly earnings (PAWE) is determined to be $832.74.

3.     The insurer is to make weekly payments to the claimant pursuant to sections 3.6 and 3.7 accordingly.

4.     This decision takes effect on 23 May 2020.

5.     The amount of the claimant’s costs assessed is $2,853.10 inclusive of GST.

Statement of Reasons

Background

The motor accident

1. The claimant is a 30-year-old woman who was injured in a motor accident on 22 May 2020.

2. The evidence reveals that the claimant sustained significant injuries in the accident including multiple spinal fractures, a fractured sternum and a fracture to the right tibia.

The claimant’s background

1. In her statement dated 4 March 2021, the claimant provided the following information.

2. She is a freelance concert soprano singer. She specialises in sacred music/oratorio and art song recital although she has had experience and success in different music styles. In 2016, she was recognised by Triple J Unearthed as a rising singer-songwriter in the Indie Pop genre for her debut self-titled album.

3. She is also a composer. In 2008, she won the Australian Songwriting Contest.

4. She holds a Bachelor of Music from the University of Newcastle and she has partially completed a Masters of Music (Vocal Performance) course at the Sydney Conservatorium, University of Sydney. She deferred completion of the course to take maternity leave in August 2019.

5. During the five-year period prior to the accident, the claimant was engaged in various forms of employment in the music field. These included freelance singing performances, working as a singing teacher for a commercial organisation, working as a Soprano Scholar with a church, providing voice lessons to private students and working in a retail music store.

6. The claimant’s son was born in November 2019. The claimant said that she intended to return to singing as she returned to strength after the birth and to return to teaching when her son was about six months old.

7. To that end, at the time the accident occurred, the claimant had made arrangements to re-commence her engagements as a freelance singer and to re-commence her business as a voice teacher for private students.

The claim for statutory benefits

1. On 26 May 2020, the claimant made a claim for statutory benefits under…