1Parvin Alaedini, (“the Applicant”), was involved in an automobile accident on May 1, 2019, and sought benefits from Aviva Insurance Company, (“the Respondent”), pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (“the Schedule”).

2The Respondent determined that the Applicant sustained a minor injury, subjected her to the Minor Injury Guideline, (“the MIG”), and denied her entitlement to certain treatment and assessment plans. In addition, the Respondent denied the Applicant’s entitlement to non-earner benefits, (“NEBs”). The Applicant submitted an application to the Licence Appeal Tribunal - Automobile Accident Benefits Service (“Tribunal”) for resolution of the dispute.

ISSUES

3The issues in dispute for this hearing are:

1. Has the Applicant sustained a minor injury as a result of the subject accident as defined in section 3 of the Schedule?

2. Is the Applicant entitled to a NEBs in the amount of $185.00 per week or the period from May 29, 2019 to May 1, 2021?

3. Is the applicant entitled to $2,711.82 for chiropractic services, proposed by Healthmax Physiotherapy in a treatment plan dated May 27, 2019?

4. Is the applicant entitled to $2,648.75 for chiropractic services, proposed by Healthmax Physiotherapy in a plan dated October 17, 2019?

5. Is the respondent liable to pay an award pursuant to section 10 of Regulation 664 because it unreasonably withheld or delayed payments to the applicant?

6. Is the applicant entitled to interest on any overdue payment of benefits?

RESULT

4I find that the Applicant sustained a minor injury as defined in the Schedule. The treatment and assessment plans in dispute are not reasonable and necessary