Licence Appeal Tribunal File Number: 20-015384/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:
Abdelhamid Lahjouji
Applicant
and
Aviva General Insurance
Respondent
DECISION
VICE-CHAIR:
Ian Maedel
APPEARANCES:
For the Applicant:
Carlos A. Ortiz, Paralegal
For the Respondent:
Joseph M. Kositsky, Counsel
HEARD BY WAY OF WRITTEN SUBMISSIONS
BACKGROUND
1The applicant was involved in an automobile accident on September 14, 2018. The applicant was the driver of a motor vehicle that sustained a rear passenger side collision. He suffered no head injuries or loss of consciousness. The Emergency Room notes indicate he suffered zero pain and zero numbness following the accident, however he did report feeling stressed. He was discharged with a prescription for Lorazepam on the date of the accident.1
2The applicant sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (“Schedule”). The applicant was denied certain benefits by the respondent and submitted an application to the Licence Appeal Tribunal - Automobile Accident Benefits Service (“Tribunal”).
3A case conference was conducted August 4, 2021. This matter was set for a written hearing.
ISSUES
4The issues to be decided are:
i. Is the applicant entitled to attendant care benefits of $29.38 per month from September 9, 2019 to date and ongoing?
ii. Is the applicant entitled to $1,394.50 for assistive devices and an education session, proposed by Network Health Assessment and Rehabilitation Centre Inc in a treatment plan/OCF-18 (“plan”)