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Parliamentary Questions


Question Without Notice No. 286 asked in the Legislative Council on 12 April 2018 by Hon Dr Steve Thomas

Parliament: 40 Session: 1

INSURANCE COMMISSION — JESSICA LITTLEWOOD

286. Hon Dr STEVE THOMAS to the minister representing the Treasurer:

I refer to the Insurance Commission of Western Australia's handling of the case of Jessica Amye Littlewood, who was in a motor vehicle accident in 2015 when she was struck by a drunk driver and left with catastrophic brain injuries.

(1) Does ICWA accept that Ms Littlewood requires care on a daily basis?

(2) If so, why was the last support payment made to Ms Littlewood on 25 July last year?

(3) How does ICWA expect Ms Littlewood to support herself?

(4) Why is ICWA requiring additional evidence to be presented?

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question. The following information has been provided to me by the Treasurer.

(1) The Insurance Commission accepts that Ms Littlewood requires some care on a daily basis. The number of hours of care required is the subject of expert evidence obtained by both parties to her District Court action. The Insurance Commission is currently paying for two hours a week of case management and six hours a week of care—support—as recommended by the rehabilitation physician that Ms Littlewood consulted at her solicitor's suggestion.

(2) The Insurance Commission continues to make payments to, or on behalf of, Ms Littlewood. The Insurance Commission continues to pay for eight hours a week of case management and support in accordance with the initial recommendation from Ms Littlewood's rehabilitation physician.

(3) In addition to the case management and support funded by the Insurance Commission, Ms Littlewood has been in receipt of advance payments—that is, payments in advance for likely past losses that will be offset against any settlement or judgement payment—from the Insurance Commission. Advance payments continue.

(4) The nature and extent of Ms Littlewood's injuries and their effect on day-to-day activities is complex. The additional evidence sought by the Insurance Commission pertains to Ms Littlewood's care—support—requirements and the nature and extent of injuries. Ms Littlewood recently refused to attend an occupational therapist arranged by the Insurance Commission. Further medical appointments have been scheduled. The Insurance Commission is attending a pre-trial—settlement—conference in the District Court on Thursday, 12 April 2018, at which time settlement of Ms Littlewood's claim will be explored.