McCague Borlack is thrilled to announce that James M. Brown, a partner from our Ottawa
Office, successfully argued two of the first accident benefits
decisions before the Licencing Appeal Tribunal (“LAT”)
that help shed some light on this new process.
In Anne Pollex and Aviva Canada, the applicant was
injured in a motor vehicle accident on March 19, 2015. In dispute
were outstanding Treatment and Assessment Plans
(“OCF-18”) that were denied as a result of the Minor
Injury Guideline (“MIG”) and the denial of income
replacement benefits (“IRBs”). After a mixed written
and teleconference hearing, the Adjudicator ruled in the
insurer's favour on both issues.
Similarly, in Krysta Pollex and Aviva Canada, the
applicant was injured in the same motor vehicle accident as the
above decision. In dispute in that case was a further OCF-18
payable for physiotherapy treatment that was denied based on the
MIG. Following a purely written hearing, the Adjudicator once again
found
