Application for accident benefits dismissed as res judicata barred relitigating the Minor Injury Guideline determination.
The applicant sought statutory accident benefits following a 2018 motor vehicle accident.
In a previous 2020 decision, the Tribunal found the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant brought a second application seeking removal from the MIG based on alleged new medical evidence and claiming entitlement to additional treatment plans.
The Tribunal held that the doctrine of res judicata barred the applicant from relitigating the MIG issue, as the new medical reports did not constitute fresh evidence that would conclusively impeach the original result.
The Tribunal also found the respondent provided proper notice of denial for the disputed treatment plans.
The application was dismissed.
OLATOntario Licence Appeal TribunalMar 21, 2025
