The applicant sought medical and rehabilitation benefits following a motor vehicle accident.
In a prior decision, the Tribunal found her injuries were predominantly minor and subject to the $3,500 limit, which was fully expended.
The applicant submitted further treatment plans, and the respondent brought a motion to dismiss the application on the grounds of res judicata and abuse of process.
The Tribunal held that res judicata applies to Schedule proceedings, though an applicant may bring forward evidence of recent deterioration.
Finding no fresh evidence of recent deterioration that would lift the applicant out of the minor injury provisions, the Tribunal dismissed the application.
