Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 20-002147/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:
Cheyenne Deocareza-Payongayong
Applicant
and
Intact Insurance Company
Respondent
DECISION
ADJUDICATOR:
Rupinder Hans
APPEARANCES:
For the Applicant:
Ben Fotia, Counsel
For the Respondent:
Shima Heidari, Counsel
HEARD:
By way of written submissions
OVERVIEW
1The applicant was involved in a motor vehicle accident on January 8, 2019, and sought medical benefits, specifically, five physiotherapy treatment plans, a chronic pain assessment and a functional impairment evaluation assessment. The respondent, Intact Insurance Company, denied the benefits and took the position the treatment plans were not reasonable or necessary and the applicant’s injuries were predominantly minor injuries and, thus, treatment of them fell within the Minor Injury Guideline (the “Guideline” or “MIG”), as defined in subsection 3(1) of the Statutory Accident Benefits Schedule – Effective after September 1, 20101 (the “Schedule”).
2The applicant disagreed and appealed to the Licence Appeal Tribunal – Automobile Accident Benefits Service (the “Tribunal”), pursuant to [subsection 280(2)](https://www.canlii.org/en/on/laws/stat/rso-1990-c