J.K. vs. Aviva Insurance Company of Canada, 2019 ONLAT 18-008054/AABS
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:
J.K.
Applicant
and
Aviva Insurance Company of Canada
Respondent
AMENDED DECISION
ADJUDICATOR: Lindsay Lake
Appearances:
For the Applicant: Sam Elbassiouni, Paralegal Gunath Pirapakaran, Paralegal
For the Respondent: Nora Refai, Counsel
Heard IN WRITING: April 29, 2019
OVERVIEW
1The applicant, J.K., was injured in an automobile accident on January 31, 2017 (the “accident”) and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (the “Schedule”) from Aviva Insurance Company of Canada (“Aviva”), the respondent.
2Aviva denied J.K.’s claim for treatment plans for chiropractic treatment, psychological treatment, shock wave therapy, laser therapy and a chronic pain assessment. As a result, J.K. submitted an application to the Licence Appeal Tribunal – Automobile Accident Benefits Service (the “Tribunal”).
3A case conference was held on January 9, 2019, and the matter proceeded to a written hearing on April 29,