austlii:nsw/NSWPICMR/2025/36
General information, not legal advice.
NSWPICMR
2025-12-03
Original judgment source is linked above.
(a) the reviewable decision is set aside;
(b) the claimant's PAWE is $988.62, and
(c) the matter is referred back to the Commission for determination of the claimant's claim for costs under s 8.3(4).
[1] I also agree with the insurer's calculations, methodology and reasoning for these calculations, as set out in the PKF report.
[4] This appears to be typically deducted by the claimant when providing total hours at the end of each text message timesheet under the breakdown per day.
[5] the claimant is known as "Kia" in the context of his employment with Spanos.
[6] The text message timesheets are also consistent with this and show the claimant often arranged additional workers for Spanos and that when he did so, he submitted timesheets on their behalf to Spanos on his own phone.
[7] I accept it is likely wages for the period 17 to 23 November 2023 were received in the pre-accident period but consider it likely that wages for any period in the schedule before this were received before commencement of the pre-accident period of 22 November 2023.
[8] This does not reconcile with the claimant's total of $62,600. I am unable to ascertain how the claimant came to this figure as the total for the amounts listed in his schedule for the period
17 November 2023 to 11 July 2024. Perhaps it is a calculation error by the claimant.
[9] See paragraph 21 of the claimant's submissions.
Davoudi
Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMR 36