1Heng Zhang, the applicant, was involved in an automobile accident on November 29, 2023, 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, Aviva Insurance Company of Canada, 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 $4,303.90 for chiropractic services, proposed by Total Rehab Recovery Centre in a treatment plan dated April 8, 2024?

ii. Is the applicant entitled to $2,200.00 for an Occupational Therapy (“OT”) In-Home Assessment, proposed by Somatic Assessments and Treatment Clinic, in a treatment plan dated April 30, 2024 and submitted on May 16, 2024?

iii. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?

iv. Is the applicant entitled to interest on any overdue payment of benefits?

3The Case Conference Report and Order (“CCRO”), lists issue ii, as entitlement to $360.00 ($2,804.12 less $2,444.12 approved) for psychological services, proposed by Somatic Assessments and Treatment Clinic, in a treatment plan dated May 30, 2024. The applicant has indicated in his submissions that this treatment plan is withdrawn.

RESULT

4I find that the applicant is not entitled to the treatment plan for chiropractic services dated April 8, 2024, the treatment plan for an OT In-Home Assessment, dated April 30, 2024, interest or an award.

ANALYSIS

Entitlement to Medical and Rehabilitation Benefits

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