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# Licence Appeal Tribunal
**Citation:** Kaur v. Wawanesa Mutual Insurance Company, 2024 ONLAT 22-011090/AABS
**Licence Appeal Tribunal File Number:** 22-011090/AABS
In the matter of an application pursuant to [subsection 280(2)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-i8/latest/rso-1990-c-i8.html) of the [Insurance Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-i8/latest/rso-1990-c-i8.html), RSO 1990, c I.8, in relation to statutory accident benefits.
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**Between:**
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**Lovepreet Kaur**
Applicant
and
**Wawanesa Mutual Insurance Company**
Respondent
**DECISION**
**VICE-CHAIR:** Craig Mazerolle
**APPEARANCES:**
**For the Applicant:**
No submissions
**For the Respondent:**
No submissions
**HEARD:** By way of written submissions
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## OVERVIEW
[1] Lovepreet Kaur, the applicant, was involved in an automobile accident on December 2, 2020, and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (the "Schedule"). The applicant was denied benefits by the respondent, Wawanesa Mutual Insurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the "Tribunal") for resolution of the dispute.
## ISSUES
[2] The issues in dispute are:
i. Is the applicant entitled to an income replacement benefit in the amount of $304.66 per week from December 9, 2020, to June 21, 2021?
ii. Is the applicant entitled to $1,522.04 for psychological services proposed by Complete Rehab Centre (CRC) in a treatment plan/OCF-18 ("plan") submitted on September 13, 2021, and denied December 14, 2021?
iii. Is the applicant entitled to $2,680.00 for independent orthopaedic assessment proposed by CRC in a plan submitted July 23, 2021, and denied August 6, 2021?
iv. Is the applicant entitled to $319.35 for an income replacement report proposed by Great Oak VFA submitted March 16, 2021, and denied April 19, 2021?
v. Is the applicant entitled to interest on any overdue payment of benefits?
## ANALYSIS
[3] The applicant has the onus of demonstrating entitlement to the income replacement benefit, medical benefits, income replacement report, and interest in dispute.
[4] In the case conference report and order released on June 13, 2023, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for March 8, 2024. Notice of this written hearing was e-mailed to the parties on June 16, 2023.
[5] The applicant's initial written submissions were due on February 7, 2024.
[6] Neither party has filed submissions, and there has been no motion made seeking to extend the applicant's initial submissions deadline.
[7] As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not met the evidentiary burden. I further find that no Notice of Motion has been filed seeking to extend the applicant's initial submissions deadline.
## ORDER
[8] As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to the income replacement benefit, medical benefits, income replacement report, and interest in dispute.
[9] The application is dismissed.
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Released: October 21, 2024
__________________________
Craig Mazerolle
Vice-Chair
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minicounsel