PAWE – When do the "Significant Change" provisions apply?

In Brief

• Clause 4(3) of Schedule 1 to the Motor Accident Injuries Act 2017 (MAIA) only applies where the change in the Claimant's circumstances results in "significantly higher" earnings on a "regular" basis.
• A change in circumstances which does not result in significantly higher earnings does not satisfy clause 4(3) and does not trigger clause 4(2)(b).
• A change in circumstances which does not result in regular earnings also does not satisfy clause 4(3) and does not trigger clause 4(2)(b).

Facts

The Personal Injury Commission (PIC) published its decision in Kumar v Allianz Australia Insurance Limited [2024] NSWPICMR 73 on 6 December 2024.

The Claimant was injured in a motor accident on 14 February 2024.