Release date: 08/20/2021
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:
Veshal Sooknanan
Applicant
and
Aviva Insurance Company of Canada
Respondent
DECISION AND ORDER
ADJUDICATOR:
Cezary Paluch
APPEARANCES:
For the Applicant:
Veshal Sooknanan, Applicant
Yanira Monterroza, Paralegal
For the Respondent:
Mohamed R. Hashim, Counsel
HEARD:
By Way of Written Submissions
OVERVIEW
1The applicant was involved in an automobile accident on June 20, 2017 and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (the ''Schedule'').1 The applicant was denied certain benefits by the respondent and submitted an application to the Licence Appeal Tribunal - Automobile Accident Benefits Service (“Tribunal”).
2A case conference took place on October 7, 2020 and an order dated October 8, 2020 was issued, scheduling a written hearing.
ISSUES
3The issues to be decided in the hearing are
Are the applicant’s injuries predominantly minor as defined in s. 3 of the Schedule and therefore subject to treatment within the $3,500.00 limit and in the Minor Injury Guideline (the “MIG”)?2
Is the applicant entitled to $2,200.00 for a chronic pain assessment recommended by Karmy Chronic Pain Clinic in a treatment plan (OCF-18) submitted on May 19, 2018 and denied on April 30, 2019?
Is the applicant entitled to interest on any overdue payment of benefits?
RESULT
4I find that the