Tribunal File Number: 16-000448/AABS
Case Name: 16-000448 v State Farm Mutual Automobile Insurance Company
In the matter of an Application for Dispute Resolution pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8., in relation to statutory accident benefits.
Between:
Applicant
Applicant
and
State Farm Mutual Automobile Insurance Company
Respondent
DECISION
ADJUDICATOR: Robert Watt
APPEARANCES:
For the Applicant: [The Applicant]. in person Counsel for the Respondent: Tricia J. McAvoy
HEARD: Teleconference hearing on September 14, 2017
OVERVIEW
1The applicant, was injured in an automobile accident on January 12, 2011, and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (the ''Schedule'').
2The applicant submitted an application for dispute resolution services to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”).
3The parties participated in settlement discussions at case conferences held on October 2016, March 10, 2017, March 24 2017, May 12, 2017, June 12, 2017 but were unable to resolve the issue in dispute.
4With the consent of the parties, a hearing partly in writing, and partly by way of oral evidence by teleconference was scheduled for September 14, 2017.
ISSUES AS NOTED IN THE ORDER ISSUED ON JUNE 12, 2017
5Is the Applicant entitled to receive a medical benefit in the amount of $1,346.49 for psychological services provided by Dr. Prendergrast, psychologist, alleged to be recommended in a treatment plan of an unknown date?
RESULT
6I order that this application be dismissed without costs.
ANALYSIS
7Both parties consented to the application being dismissed without costs.
8The applicant had a similar application before FSCO and wants to follow through with that application.
Released: November 28, 2017
___________________________
Robert Watt, Adjudicator