F.A. v. Aviva General Insurance
Released Date: 06/09/2020
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:
F.A.
Applicant
and
Aviva General Insurance
Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Sandeep Johal
APPEARANCES:
Counsel for the Applicant: Paul DeLuca
Counsel for the Respondent: Christine McKenna
Heard by way of written submissions
OVERVIEW
1The applicant was injured in an automobile accident on December 8, 2016 and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 20101 (the ''Schedule'').
2The applicant was a passenger in a vehicle that was struck by another vehicle in a T-bone collision. As a result of the accident, the applicant submits she sustained physical and psychological injuries.
3The applicant applied for medical benefits and the costs of examinations that were denied by the respondent on the basis that the medical benefits and costs of examinations were not reasonable and necessary. The applicant disagreed with that decision and submitted an application to the Licence Appeal Tribunal – Automobile Accident Benefits Service (the “Tribunal”).
4The applicant submitted catastrophic impairment assessments in December