Citation: Salfarlie v. The Dominion of Canada General Insurance Company, 2024 ONLAT 22-014079/AABS
Licence Appeal Tribunal File Number: 22-014079/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:
Nichole Salfarlie
Applicant
and
The Dominion of Canada General Insurance Company
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: Neha Kohli, Paralegal
For the Respondent: Jason Hepburn, Counsel
HEARD: In Writing
OVERVIEW
1Nichole Salfarlie, the applicant, was involved in an automobile accident on February 8, 2022, 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, The Dominion of Canada General Insurance Company, 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 treatment within the $3,500.00 Minor Injury Guideline (“MIG”) limit?
ii. Is the applicant entitled to $2,754.00 for chiropractic services, proposed by Physiotherapy Lakeshore in a treatment plan/OCF-18 (“plan”) dated September 9, 2022?
iii. Is the applicant entitled to $2,200.00 for an occupational therapy assessment, proposed by Iscope Concussion and Pain Clinic in a plan dated April 12, 2022?
iv. Is the applicant entitled to $3,218.03 for vestibular physiotherapy, proposed by IScope Concussion and Pain Clinic in a plan dated April 12, 2022?
v. Is the applicant entitled to $2,486.00 for a psychological assessment, proposed by Q Medical in a plan dated April 18, 2022?
vi. Is the applicant entitled to $539.68 for various over-the-counter medications/supplements, submitted on an expense claim form/OCF-6 dated April 22, 2022?
vii. Is the applicant entitled to $81.00 for physiotherapy services, submitted on an expense claim form/OCF-6 dated June 22, 2022?
viii. Is the applicant entitled to interest on any overdue payment of benefits?
RESULT
3The applicant is removed from the MIG as she met her burden and