Galang v. Coseco Insurance Company, 2022 ONLAT 20-008382/AABS
Licence Appeal Tribunal File Number: 20-008382/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:
Mary Queen Galang
Applicant
and
Coseco Insurance Company
Respondent
DECISION
ADJUDICATOR:
Tanjoyt Deol
APPEARANCES:
For the Applicant:
Michelle Jorge, Counsel
For the Respondent:
Peter Durant, Counsel
HEARD:
By Way of Written Submissions
BACKGROUND
1Mary Queen Galang (“the applicant”) was involved in an automobile accident on April 30, 2018 and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (“Schedule”).1 She applied to the Licence Appeal Tribunal – Automobile Accident Benefits Service (“Tribunal”) after her claims for benefits were denied by Coseco Insurance Company, (“the respondent”).
2The applicant submits that she was a passenger in a vehicle that was involved in a rear-end chain reaction accident. Following the accident, the airbags did not deploy, and she did not lose consciousness. The applicant submits that as a result of the accident, she has been diagnosed with somatic symptom disorder with predominant pain, chronic lower back pain, adjustment disorder with mixed anxiety and depressed mood, and Post-Traumatic Stress Disorder.
3The applicant claimed entitlement to benefits under the Schedule and was initially subject to the Minor Injury Guideline (“MIG”) and the funding cap of $3,500.00. The applicant was removed from the MIG on August 24, 2018, due to a pre-accident diagnosis of ADHD and Depression. As of April 7, 2022, $23,432.71 has been paid by the respondent for medical, rehabilitation, and attendant care benefits and $41,567.29 remains under the policy.2