Dr. Baath

The applicant sought reconsideration of a Licence Appeal Tribunal decision that dismissed his claims for aquatic therapy, physiotherapy, and a chronic pain assessment.

The applicant argued the adjudicator erred in law by applying the doctrine of res judicata to his treatment plans and by improperly weighing the medical evidence of his expert.

The Tribunal dismissed the reconsideration request, finding no error of law or fact.

The adjudicator correctly applied res judicata as the core issues had been previously decided, and properly exercised discretion in preferring the evidence of an orthopaedic surgeon over the applicant's medical expert.