H.A. v. Travelers Insurance, 2019 CanLII 34610

Tribunal File: 18-005178/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:

H.A.

Applicant

and

Travelers Insurance

Respondent

ADJUDICATOR: Lindsay Lake

Appearances:

For the Appellant: H. A. Mark Stoiko, Counsel

For the Respondent: Tim Crljenica, Counsel

Interpreter (Amharic): No one appeared

HEARD: In Writing and In Person in London, Ontario February 21, 2019

OVERVIEW

1On March 14, 2016, the applicant, H.A., was driving a taxi cab and was injured in an automobile accident when his vehicle rear ended a vehicle stopped in front of him.¹

2H.A. sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (the “Schedule”) from the respondent, Travelers Insurance (“Travelers”). Travelers approved some benefits, but denied others because it determined that all of H.A.’s injuries fit the definition of “minor injury” as prescribed by s. 3(1) of the Schedule and, therefore, fall within the Minor Injury Guideline (the “MIG”).²