Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 20-014888/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:
Andrew Hogan
Applicant
and
Economical Insurance Company
Respondent
DECISION
VICE-CHAIR: Beverly Brooks
APPEARANCES:
For the Applicant: Marc Golding, Paralegal
For the Respondent: Modasir Rajabali, Counsel
HEARD: By Way of Written Submissions
BACKGROUND
1Andrew Hogan, (“applicant”) was involved in an automobile accident on August 1, 2018, and sought benefits from Economical Insurance Company (“respondent”) pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (including amendments effective June 1, 2016) (“Schedule”). The respondent determined that the applicant sustained a minor injury and subjected him to the Minor Injury Guideline (“MIG”), the $3,500.00 funding limit on medical and rehabilitation benefit, and denied him entitlement to the treatment and assessment plans in dispute. The applicant disagreed and submitted an application to the Licence Appeal Tribunal – Automobile Accident Benefits Service (“Tribunal”) for resolution of the dispute.
ISSUES
2The issues to be decided at the hearing are as follows:
Did the applicant sustain a minor injury as defined in s. 3 of the Schedule?
Is the applicant entitled to a medical benefit in the amount of $1,920.53 for psychological services proposed by Inline Rehabilitation Centre Inc. in a treatment