Licence Appeal Tribunal File Number: 23-000100/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:
Abdul Aziz Khan Pathan
Applicant
and
Wawanesa Mutual Insurance Company
Respondent
DECISION
VICE-CHAIR: Craig Mazerolle
APPEARANCES:
For the Applicant: No submissions
For the Respondent: Morgan MacDonald, Counsel
HEARD: In Writing
OVERVIEW
1Abdul Aziz Khan Pathan, the applicant, was involved in an automobile accident on October 30, 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.
2In a case conference report and order released on August 8, 2023, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for April 19, 2024, with the Notice of Written Hearing e-mailed to the parties on August 10, 2023.
3The applicant’s initial submissions were due on March 20, 2024. The applicant has not provided any written submissions to the Tribunal. There has also been no Notice of Motion filed by the applicant seeking to extend the initial submissions deadline.
4The respondent filed submissions with the Tribunal stating it has not received submissions from the applicant. It is seeking a dismissal of the application.
ISSUES
5As listed in the case conference report and order, the issues in dispute are:
i. Are the applicant’s injuries predominantly minor as defined in section 3 of the Schedule and therefore subject to treatment within the $3,500.00 Minor Injury Guideline limit?
ii. Is the applicant entitled to $3,593.00 for chiropractic services, proposed by Reddy’s Physio Rehab in a treatment plan/OCF-18 (‘plan’) dated June 14, 2021?
iii. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
6Section 7(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 states that, if notice of a written hearing has been given to a party who does not then participate in the hearing in accordance with the notice, the Tribunal may proceed with the hearing in the absence of that party’s participation. I am satisfied that both parties received notice of the written hearing, so I shall proceed without submissions from the applicant.
7The applicant has the onus of demonstrating removal from the Minor Injury Guideline, as well as entitlement to the medical benefit and interest in dispute. By not filing any submissions or evidence with the Tribunal, I find that the applicant has not met this burden.
8I further find that the applicant did not file a Notice of Motion requesting an extension of the initial submission deadline.
ORDER
9As the applicant has made no submissions and tendered no evidence in support of the claims before the Tribunal, the applicant has not demonstrated removal from the Minor Injury Guideline, nor has the applicant demonstrated entitlement to the medical benefit and interest in dispute.
10The application is dismissed.
Released: November 18, 2024
Craig Mazerolle Vice-Chair