Claims for non-earner and medical benefits dismissed; Minor Injury Guideline issue barred by res judicata.
The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits and various medical and rehabilitation benefits.
The respondent denied the benefits, arguing that the applicant's injuries fell within the Minor Injury Guideline (MIG) and that the MIG issue was res judicata due to a prior Tribunal decision.
The Tribunal agreed that the MIG issue was res judicata, as it had been fully determined in a previous hearing between the same parties.
Consequently, the claims for medical benefits and examinations were dismissed because the MIG limits were exhausted.
The Tribunal also dismissed the claim for non-earner benefits, finding that the applicant failed to establish a complete inability to carry on a normal life, as medical evidence indicated she could perform many pre-accident activities.
Claims for interest and a special award were also dismissed.
OLATOntario Licence Appeal TribunalDec 18, 2020
