Licence Appeal Tribunal File Number: 23-010985/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:
Ojuteke Akande
Applicant
and
Aviva Insurance Canada
Respondent
DECISION
VICE-CHAIR: Julian DiBattista
APPEARANCES:
For the Applicant: Yanira E Monterroza, Paralegal
For the Respondent: Frank Comella, Counsel
HEARD: By
The applicant sought various statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB), medical benefits, and an award under s. 10 of O. Reg 664. The Tribunal found the applicant did not suffer a substantial inability to perform the essential tasks of his employment as a personal support worker and Lyft driver, relying on the respondent's medical assessments and the applicant's family doctor's clinical notes. The Tribunal denied the claims for IRB, psychological services, a chronic pain assessment, and a driving reintegration assessment. However, the Tribunal partially approved a treatment plan for a chronic pain program, awarding $2,346.70 for physical therapy and an SI belt based on a neutral OHIP-funded assessment. The claim for a s. 10 award was dismissed.