The applicant sought income replacement benefits following a motor vehicle accident.
In a previous Tribunal decision, the applicant was barred from proceeding with his claim because he failed to attend a properly scheduled insurer's examination under s. 44 of the Schedule.
The applicant subsequently filed a new application raising the same substantive issues.
The Tribunal found that the doctrine of res judicata applied, as the previous decision was final and disposed of the substantive issue.
The Tribunal declined to waive res judicata, finding no fresh evidence or fairness reasons to do so, and dismissed the application.
