Tan v. Aviva Insurance Company of Canada
Licence Appeal Tribunal File Number: 24-006622/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:
Robert Yu Sheng Tan
Applicant
and
Aviva Insurance Company of Canada
Respondent
DECISION
ADJUDICATOR: Kathleen Wells
APPEARANCES:
For the Applicant: Sareena Samra, Counsel
For the Respondent: Dominik Gora, Counsel
HEARD: By way of written submissions
OVERVIEW
1Robert Yu Sheng Tan, the applicant, was involved in an automobile accident on May 28, 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:
- Is the applicant entitled to an income replacement benefit (“IRB”) in the amount of $400.00 per week from May 17, 2024, to the date of the case conference?
- Is the applicant entitled to $3,567.20 ($4,867.20 less $1,300.00 approved) for chiropractic services, proposed by Uheal Rehab Centre in a treatment plan/OCF-18 (“treatment plan”) submitted June 1, 2023?
- Is the applicant entitled to $3,749.56 for physiotherapy services, proposed by Uheal Rehab Centre in a treatment plan submitted October 18, 2023?
- Is the applicant entitled to $1,852.92 ($3,252.92 less $1,400.00 approved) for psychological treatment services, proposed by Somatic Assessments and Treatment Clinic in a treatment plan submitted May