The applicant requested a reconsideration of a preliminary issue decision that found she was not entitled to claim accident benefits because she failed to prove her re-election to sue in tort was not made primarily to receive benefits.
The applicant argued new evidence, an affidavit from her counsel regarding settlement negotiations, warranted reconsideration under Rule 18.2(d).
The Tribunal dismissed the request, finding the evidence was not new as it could have been obtained previously, and even if it were new, it would not have affected the outcome because it did not provide evidence of the applicant's mindset at the time of her re-election.
