Linda Khan v. Allstate Insurance Company of Canada, 1999 ONFSCDRS 90

Financial Services Commission of Ontario

Neutral Citation: 1999 ONFSCDRS 90 FSCO A98-001157

Between: Linda Khan, Applicant and Allstate Insurance Company of Canada, Insurer

Decision

Before: K. Julaine Palmer Heard: April 12, 13, and 15, 1999, at the Financial Services Commission of Ontario, Toronto.

Appearances: Phil Bouranov for Mrs. Khan Grant R. Dow for Allstate Insurance Company of Canada

Issues:

Linda Khan was injured in a motor vehicle accident on April 4, 1998. She applied for statutory accident benefits from Allstate Insurance Company of Canada ("Allstate"), payable under the Schedule.¹ Although Allstate initially paid some medical and rehabilitation expenses for Mrs. Khan's physiotherapy, she received no caregiver or housekeeping expenses until twelve days before the hearing. The parties were unable to resolve their disputes through mediation, and Mrs. Khan applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issues in this hearing are:

1. Is Mrs. Khan entitled to receive caregiver benefits of $300 per week from April 4, 1998, ongoing, pursuant to section 13 of the Schedule?

2. Is Mrs. Khan entitled to payments for housekeeping services of $100 per week from April 4, 1998, ongoing, pursuant to section 22 of the Schedule?

3. Is Mrs. Khan entitled to payment of $585 for an occupational therapy assessment, claimed pursuant to section 24 of the Schedule?

4. Is Allstate liable to pay a special award pursuant to section 282(10) of the Act because it unreasonably withheld or delayed payments to Mrs. Khan?

5. Is Allstate liable to pay Mrs. Khan's arbitration expenses under section 282(11) of the Act? Or, is Mrs. Khan liable to pay Allstate's arbitration expenses under the same section?

Mrs. Khan also claims interest on any amounts owing.

Result:

1. Mrs. Khan is not entitled to further caregiver benefits or payments for housekeeping services.

2. Allstate shall pay Mrs. Khan $585 for an occupational therapy assessment, plus interest as calculated pursuant to section 46 at 2 percent per month from 30 days after the account for the assessment was rendered to Allstate.

3. Mrs. Khan is not entitled to a special award pursuant to section 282(10) of the Act.

4. The issue of expenses has not yet been determined.

EVIDENCE AND ANALYSIS:

Background

On April 4, 1998, Mrs. Khan was operating her van at a major intersection in Toronto, when her vehicle was hit almost head-on by a vehicle running a red light. Although an ambulance was called to the scene, Mrs. Khan did not go to hospital, but instead returned