The appellant appealed a Licence Appeal Tribunal decision that barred her application for statutory accident benefits based on res judicata.
The Tribunal had previously determined her injuries fell within the Minor Injury Guideline (MIG).
The appellant argued the insurer failed to provide proper notice under s. 38(9) of the Statutory Accident Benefits Schedule and that new medical evidence warranted waiving res judicata.
The Divisional Court dismissed the appeal, finding the insurer had previously provided the required notice and was not obligated to issue repeated notices.
The court also upheld the Tribunal's finding that the proposed fresh evidence could have been obtained earlier and did not justify waiving res judicata.
