N.K. v. Wawanesa Mutual Insurance Company, 2020 CanLII 27381

Tribunal File Number: 19-005775/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.

Parties

Between:

N.K.

Applicant

and

Wawanesa Mutual Insurance Company

Respondent

DECISION

ADJUDICATOR:

Jesse A. Boyce

APPEARANCES:

Counsel for the Applicant:

Lisa Bishop

Counsel for the Respondent:

Nicholas Wine

HEARD In Writing:

March 24, 2020

OVERVIEW

1N.K. was injured in an accident on September 5, 2017 and sought benefits from the respondent, Wawanesa, pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010¹ (“Schedule”). N.K. applied for medical and rehabilitation benefits, as well as attendant care benefits, that Wawanesa denied because it determined her injuries were predominately minor and subject to the Minor Injury Guideline (“MIG”). N.K. disagreed and applied to the Tribunal for resolution of the dispute.

ISSUES TO BE DECIDED

2The following issues are in dispute:

i. Is the applicant entitled to an attendant care benefit in the amount of $108.71 per month for the period of September 5, 2017 to date and ongoing, denied by the respondent March 13, 2018?

ii. Is the applicant entitled to a medical benefit in the amount of $3,693.04 for psychological services, denied by the respondent April 20, 2018?

iii. Is the applicant entitled to a medical benefit in the amount of $2,921.09 for physiotherapy services, denied by the respondent March 13, 2018?

iv. Is the applicant entitled to a medical benefit in the amount of $1