Reconsideration request dismissed; res judicata correctly applied to bar relitigation of pre-existing TMJ impairment.
The applicant sought reconsideration of a Licence Appeal Tribunal decision that denied her claim for a TMJ assessment and interest.
She argued the Tribunal erred in law by misapplying the doctrine of res judicata and violated procedural fairness by failing to consider a new dental assessment report.
The adjudicator dismissed the request, finding that res judicata was correctly applied because a previous decision had already determined the TMJ impairment was pre-existing and not caused by the accident.
Furthermore, the new dental report was considered but did not alter the conclusion regarding causation.
OLATOntario Licence Appeal TribunalMar 5, 2020
