Licence Appeal Tribunal Hearings
It is frustrating when you receive a decision from your insurance company regarding your accident benefits entitlement and find that you disagree with their conclusion. The Licence Appeal Tribunal (LAT) is an independent, quasi-judicial agency that reviews applications and resolves disputes. The Automobile Accident Benefits Service (AABS), one of two divisions of the LAT, offers adjudicators who can review your appeal and resolve conflicts between the claimant and the insurance provider.
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LAT Hearings with Experienced Personal Injury Lawyers
Your automobile insurance coverage generally offers benefits for various scenarios, including medical, rehabilitation, attendant care, and income benefits.
Your policy should entitle you to all these benefits, but your insurance company may be reluctant to approve them for various reasons. Sometimes, your insurance company may deny your initial application for no-fault accident benefits.
The AABS division of the LAT allows you to appeal these decisions and have them reviewed by an adjudicator who can provide a resolution to the dispute between you and your insurance company.
It is strongly recommended that you obtain the services of a legal representative when you appear before an LAT hearing. The more serious your injuries, the more prudent it is to hire an experienced personal injury lawyer who can appear before the LAT to argue any dispute, especially regarding catastrophic impairment.
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While you do not need a lawyer to file an appeal with the LAT, it is strongly recommended that you retain the services of a licenced legal representative to appear in an LAT hearing. It may be intimidating to approach the LAT with an appeal on your own; Foisy & Associates is a team with extensive experience in handling complex personal injury and long-term disability cases. They are lawyers for the people who fight to receive maximum dollars for their clients.
Contact us if you have any questions about LAT hearings or for a free consultation.
Frequently Asked Questions About Licence Appeal Tribunal Hearings
What is the difference between a Licence Appeal Tribunal and a Court?
The LAT is a quasi-judicial agency created by statute and has many of the same powers and procedures that we see in a court of law. The person who oversees a hearing in the LAT is not a judge but rather an adjudicator who takes his or her powers from the Insurance Act, Statutory Powers and Procedures Act, and the Common Rules of Practice specific to the LAT.
Who can file an appeal in the Auto Accidents Benefits Service (AABS) of the LAT?
An injured claimant, an insurance company, or their representatives can appeal their disputes to the LAT. If you disagree with your insurance company’s decision to deny, reduce, or withhold your accident benefits, you can appeal to the LAT to argue your case. For example, suppose your healthcare provider submits a treatment plan (OCF-18) for a specific treatment and/or assessment, and your insurance company determines this treatment and/or assessment request is unreasonable or unnecessary. In that case, you can file an appeal with the LAT. A second example could include the insurance company’s disagreement that your injuries are of a severity to be deemed catastrophic.
What is the most complicated legal issue regularly heard by the LAT?
The most complicated issue heard before the Licence Appeal Tribunal (LAT) typically involves the determination of catastrophic impairment under Ontario’s Statutory Accident Benefits Schedule (SABS). Determining catastrophic impairment requires extensive and specialized medical assessments. These assessments often involve multiple healthcare professionals, including neurologists, psychiatrists, occupational therapists, and other specialists. An experienced lawyer needs to understand each impairment category, whether physical, cognitive, or psychological, and its combined impact on the claimant’s life.
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