Application for accident benefits dismissed as res judicata barred relitigating the Minor Injury Guideline determination.
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 doctrine of res judicata applied, as a previous Tribunal decision had already determined the applicant's injuries were minor.
The applicant failed to provide fresh evidence that would conclusively impeach the original results or demonstrate a deterioration in his condition.
Consequently, the application for benefits, an award, and interest was dismissed.
The respondent's request for costs was also denied.
OLATOntario Licence Appeal TribunalMay 17, 2023