Tribunal File Number: 17-002857/AABS
Case Name: 17-002857 v Aviva Insurance Canada
In the matter of an Application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8., in relation to statutory accident benefits.
Between:
M.S.
Applicant
and
Aviva Insurance Canada
Respondent
DECISION
ADJUDICATOR: Christopher A. Ferguson
APPEARANCES
For the Applicant: Christopher D. Finlay, Counsel
For the Respondent: Abby J. Brass, Counsel
HEARD in Writing on October 26, 2017
OVERVIEW
1M.S. (“the applicant”) was involved in an automobile accident on July 24, 2015, and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 20101 (the ''Schedule'').
2The applicant applied for benefits from the respondent, and applied to the Licence Appeal Tribunal (the “Tribunal”) when the disputed benefits were denied.
3In dispute was one medical benefit, a treatment plan for physiotherapy services in the amount of $1,501.04, recommended by CBI Health Centre, in a treatment plan submitted on December 15, 2016, and denied by the respondent on February 22, 2017.
4The respondent made no submissions on the applicant’s claim. Instead it advised the Tribunal in writing on October 10, 2017, that it had decided to approve the disputed medical benefit, effective September 26, 2017. It asked that the application be withdrawn.
5There has to date been no confirmation that the medical benefit has in fact been paid.
FINDINGS
6The respondent has approved and thereby conceded the applicant’s claim, which resolves the dispute.
7While the respondent has approved the disputed treatment plan it is not clear whether or not the respondent has paid interest on the disputed amount. The respondent is liable to pay interest on overdue payment of this benefit, at the prescribed rate, pursuant to s.51 of the Schedule.
8The Tribunal’s file in this matter may be closed.
Released: March 6, 2018
Christopher A. Ferguson, Adjudicator