The applicant sought statutory accident benefits following a November 2017 motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The respondent also argued the application should be dismissed based on res judicata, as a prior Tribunal decision had already determined the applicant suffered minor injuries.
The Tribunal waived res judicata because the applicant submitted fresh medical evidence.
However, upon reviewing the new evidence, the Tribunal found the applicant failed to prove on a balance of probabilities that she suffered from chronic pain with functional impairment or a psychological impairment that would warrant removal from the MIG.
Consequently, the claims for a physiotherapy treatment plan, physiotherapy expenses, clinical notes and records, and interest were dismissed.
