[I.S]

The applicant sought reconsideration of a Tribunal order that dismissed his application for accident benefits as abandoned.

The applicant argued the Tribunal erred in fact and that new evidence regarding his mental capacity should be considered.

The Tribunal found no error of fact or law in the original decision based on the evidence available at the time.

However, the Tribunal granted the reconsideration based on new evidence—a capacity assessment and the appointment of a litigation guardian—which demonstrated the applicant lacked capacity to instruct counsel when the application was dismissed.

The Tribunal varied the original order and reinstated the application to proceed to a hearing.