Dr. Mary-Ann Goldhawk

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent insurer denied a treatment plan for a chronic pain assessment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant sought to be removed from the MIG based on a diagnosis of chronic pain syndrome provided by a chiropractor.

The Licence Appeal Tribunal found that a chiropractor is not qualified to diagnose chronic pain syndrome.

As the applicant provided no other medical evidence, she failed to prove she should be removed from the MIG.

The application for the chronic pain assessment and interest was dismissed.

The applicant sought statutory accident benefits following a 2013 motor vehicle accident.

The insurer denied the claims, and the applicant appealed to the Licence Appeal Tribunal.

The insurer raised a preliminary issue that the claims were barred by res judicata, as the applicant had previously appealed the same claims, resulting in a final decision that her injuries fell within the Minor Injury Guideline and she was not entitled to income replacement benefits.

The Tribunal agreed, finding that the applicant's new medical reports did not constitute fresh, new, and previously unavailable evidence that would impeach the prior decision.

The appeal was dismissed as barred by res judicata, and costs were denied.