Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 23-014599/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:
Nhung Thi Anh Nguyen
Applicant
and
Allstate Insurance
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: Diana Oliveira, Counsel
HEARD: By Way of Written Submissions
OVERVIEW
1Nhung Thi Anh Nguyen, the applicant, was involved in an automobile accident on October 29, 2019, 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, 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. Is the applicant entitled to $2,000.48 for physiotherapy services, proposed by Pain Rehabilitation Clinic in an invoice/OCF-21 submitted September 15, 2022 and denied September 16, 2022?
ii. Is the applicant entitled to $1,498.16 ($2,600.64 less $1,102.48 approved) for chiropractic services, proposed by Pain Rehabilitation Clinic in a treatment plan/OCF-18 (“plan”) submitted May 12, 2023 and denied May 12, 2023?
iii. Is the applicant entitled to $676.86 ($1,779.34 less $1,102.48 approved) for physiotherapy services, proposed by Pain Rehabilitation Clinic in an invoice/OCF-21 submitted November 2, 2023 and denied November 2, 2023?
iv. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
3In the case conference report and order released on May 7, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for January 17, 2025. Notice of the written hearing was e-mailed to the parties on May 9, 2024, using the contact information provided.
4The applicant’s initial submissions were due on December 18, 2024.
5The respondent filed its written submissions on January 3, 2025.
6On January 22, 2025, the Tribunal e-mailed the parties as a reminder that the applicant’s submissions had not been received, and to request that the applicant submit a Notice of Withdrawal if a settlement had been reached. There has been no response to the Tribunal’s e-mail.
7Since 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 applicant had notice of the written hearing by way of e-mail on May 9, 2024.
8The applicant has the onus of demonstrating that they are entitled to the medical benefits in dispute.
9As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to the medical benefits and interest in dispute. I further find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadlines.
ORDER
10As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to the medical benefits and interest in dispute.
11The application is dismissed.
Released: July 16, 2025
Tyler Moore Vice-Chair