Rodionova v. Aviva Insurance Company, 2021 CanLII 64244

Case Summary

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs) and various medical treatment plans. The insurer initially placed the applicant in the Minor Injury Guideline (MIG) and denied several treatment plans, later removing her from the MIG for psychological impairments but terminating IRBs based on insurer examinations. The Licence Appeal Tribunal found that the applicant was not entitled to further IRBs, as she did not suffer a substantial inability to perform her essential tasks as an Uber driver, noting she was enrolled in a full-time massage therapy program. The Tribunal upheld the insurer's denial of most treatment plans under s. 38(5) of the Schedule, but approved one physiotherapy plan and the balance of a psychological assessment. Claims for an award for unreasonable delay were dismissed.

Release date: June 18, 2021

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:

Liliia Rodionova

Applicant

and

Aviva General Insurance Company

Respondent

FURTHER AMENDED DECISION

ADJUDICATOR:

Brian Norris

APPEARANCES:

For the Applicant:

Vipen Dhingra, Counsel

Francesco Vumbaca, Articling Student

For the Respondent:

Sjawal Bhutta, Counsel

Heard by videoconference followed by written submissions

OVERVIEW

1Liliia Rodionova, (“the Applicant”), was injured in an automobile accident on May 24, 2019 and sought benefits from the Respondent pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010, O. Reg. 34/10 (the “Schedule”).

2Aviva General Insurance Company (“the Respondent”) refused to pay for certain medical and income replacement benefits. As a result, the Applicant applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal