Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 23-008243/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:
Giun Ping Liao
Applicant
and
Intact Insurance Company
Respondent
DECISION
ADJUDICATOR:
Melanie Malach
APPEARANCES:
For the Applicant:
No submissions
For the Respondent:
No submissions
HEARD:
By way of written submissions
OVERVIEW
1Giun Ping Liao, the applicant, was involved in an automobile accident on April 11, 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, Intact Insurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.
2In the Case Conference Report and Order (“CCRO”) released on February 12, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for September 27, 2024. Notice of this written hearing was emailed to the parties on February 15, 2024. I am satisfied that both parties received a copy of this notice, as it was sent to the addresses provided by and used by each party in their previous communications with the Tribunal.
3On April 3, 2024, the applicant submitted the particulars of the s. 10 award in dispute in her Application.
4The applicant’s written submissions were due on August 28, 2024. Neither the applicant nor the respondent have filed any written submissions with the Tribunal, and there has been no motion made to extend the parties’ submission deadlines.
ISSUES
5The 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 a non-earner benefit of $185.00 per week from May 10, 2022, to ongoing?
iii. Is the applicant entitled to $100.25 ($1,300.00 less $1,199.75 approved) for physiotherapy services, proposed by Total Recovery Rehabilitation Centre in a treatment plan dated June 3, 2022?
iv. Is the applicant entitled to $4,069.56 for physiotherapy services, proposed by Total Recovery Rehabilitation Centre in a treatment plan dated July 22, 2022?
v. Is the applicant entitled to $3,701.88 for psychological services, proposed by Somatic Assessments & Treatment Centre in a treatment plan dated November 24, 2022?
vi. Is the applicant entitled to $2,200.00 for a psychological assessment, proposed by Somatic Assessments & Treatment Centre in a treatment plan dated June 17, 2022?
vii. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?
viii. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
6Since the applicant did not file a Notice of Withdrawal with the Tribunal, the parties’ file was not closed, and I will proceed with the hearing pursuant to s. 7(2) of the Statutory Powers Procedure Act. I find that the parties had notice of the written hearing.
7The applicant has the onus of demonstrating removal from the MIG. The applicant also has the onus of demonstrating entitlement to a non-earner benefit, the treatment plans, an award and interest in dispute.
8As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not met her evidentiary burden to demonstrate grounds for removal from the MIG, entitlement to the issues in dispute, an award or interest. I further find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadline.
ORDER
9As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated that she should be removed from the MIG, and that she is entitled to a non-earner benefit, the treatment plans, an award or interest in dispute.
10The application is dismissed.
Released: April 11, 2025
__________________________
Melanie Malach
Adjudicator