Application for non-earner and medical benefits dismissed; MIG issue barred by res judicata.
The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits and medical benefits for psychological services.
The respondent denied the benefits, arguing that the applicant's injuries fell within the Minor Injury Guideline (MIG) and that a prior Tribunal decision had already determined this issue.
The Tribunal found that the MIG issue was res judicata, as it had been fully adjudicated in a previous hearing between the same parties.
Regarding the non-earner benefits, the Tribunal concluded that the applicant failed to prove a complete inability to carry on a normal life, preferring the respondent's medical evidence over the applicant's self-reporting and expert opinions.
The application was dismissed.
OLATOntario Licence Appeal TribunalDec 22, 2020