Licence Appeal Tribunal File Number: 24-015252/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:
Manraj Phull
Applicant
and
Intact Insurance Company
Respondent
DECISION
VICE-CHAIR:
Rebecca Hines
APPEARANCES:
For the Applicant:
Alex Nikolaev, Counsel
For the Respondent:
Jennifer Macko, Counsel
HEARD:
By way of written submissions
OVERVIEW
1Manraj Phull, the applicant, was involved in an automobile accident on December 5, 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.
ISSUES
2The issues in dispute are:
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 limit (“MIG”)? Note: The parties agree the MIG limits have not been exhausted and $40.82 is remaining.
Is the applicant entitled to an income replacement benefit (“IRB”) in the amount of $400.00 per week from February 27, 2023, to April 11, 2023?
Is the applicant entitled to the medical