Licence Appeal Tribunal File Number: 24-003044/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:
Phong Nguyen
Applicant
and
Economical Insurance Company
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: Stephen Whibbs, Counsel
HEARD: By Way of Written Submissions
OVERVIEW
1Phong Nguyen, the applicant, was involved in an automobile accident on March 10, 2018, 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, Economical 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 $3,200.00 for chiropractic services proposed by Pain Rehabilitation Clinic in a treatment plan/OCF-18 submitted April 1, 2022 and denied April 13, 2022?
iii. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
3In the case conference report and order that was released on August 16, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for May 16, 2025. Notice of the written hearing was e-mailed to the parties on August 22, 2024, using the contact information provided.
4The applicant’s initial submissions were due on April 16, 2025.
5The respondent filed its written submissions on May 5, 2025.
6The Tribunal has not received any further correspondence from the applicant, and I find that no Notice of Motion has been filed with the Tribunal seeking to extend the applicant’s submission deadlines.
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 e-mail on August 22, 2024.
8The applicant has the onus of demonstrating that they should be removed from the MIG and that they are entitled to the medical benefit in dispute.
9As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated that they should be removed from the MIG, and that they are entitled to the medical benefit and interest in dispute.
ORDER
10The applicant remains in the MIG and is not entitled to $3,200.00 for chiropractic services.
11As no benefits are payable, the applicant is not entitled to interest.
12The application is dismissed.
Released: October 1, 2025
Tyler Moore Vice-Chair