Citation: Kumar v. Allstate Insurance Company of Canada, 2024 ONLAT 22-010700/AABS-A
Licence Appeal Tribunal File Number: 22-010700/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:
Minimol Kumar
Applicant
and
Allstate Insurance Company of Canada
Respondent
AMENDED DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: Glen B. Cox, Counsel (No submissions)
For the Respondent: Ionita Athina, Counsel (No submissions)
HEARD: In Writing
OVERVIEW
1Minimol Kumar Janus Steven Ruzgal, the applicant, was involved in an automobile accident on October 27, 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, Allstate Insurance Company of Canada, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.
ISSUES
2The issues in dispute are:
i. Are the applicant’s injuries predominantly minor as defined in s. 3 of the Schedule and therefore subject to the Minor Injury Guideline (“MIG”) and the $3,500.00 funding limit on treatment?
ii. Is the applicant entitled to $1,423.02 for chiropractic services, proposed by Castle Oak Rehab Centre in a treatment plan/OCF-18 (“plan”) dated April 20, 2021?
iii. Is the applicant entitled to $1,181.50 for physiotherapy services, proposed by Castle Oak Rehab Centre in a plan dated March 24, 2021?
iv. Is the applicant entitled to $2,144.93 for psychological services, proposed by Chinguacousy Physiotherapy and Foot Clinic in a plan dated July 20, 2022?
v. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
3The applicant has the onus of demonstrating removal from the MIG. The applicant also has the onus of demonstrating entitlement to the medical benefits and interest in dispute.
4Both parties attended the case conference, with their counsel. In the case conference report and order release on July 7, 2023, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for March 28, 2024. Notice of this written hearing was emailed to the parties on July 13, 2023, using the contact information they had provided.
5The applicant’s initial written submissions were due on February 27, 2024. The Tribunal sent reminder emails to the parties on February 27 and March 27, 2024. On March 27, 2024 the respondent replied to the Tribunal by email indicating that it would not be filing submissions because the applicant had not filed any.
6Neither party has filed submissions, and there has been no motion made seeking to extend the submission deadlines.
ORDER
7As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated removal from the MIG, nor has she demonstrated entitlement to the medical benefits and interest in dispute.
8The application is dismissed.
Released: November 15, 2024
__________________________
Tyler Moore
Vice-Chair