Application for accident benefits dismissed as issue estoppel barred relitigating the applicant's Minor Injury Guideline status.
The applicant sought various medical and rehabilitation benefits following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the issue of the applicant's MIG status had already been decided in a previous hearing, and therefore the doctrine of issue estoppel applied.
The Tribunal rejected the applicant's argument that new medical reports constituted fresh evidence or that fairness required waiving issue estoppel, as the reports did not establish that her pre-existing osteoarthritis would prevent maximal recovery under the MIG.
The application was dismissed.
OLATOntario Licence Appeal TribunalNov 22, 2024
