The applicant requested reconsideration of a decision holding him to the Minor Injury Guideline, arguing that a new MRI report showing a full-thickness shoulder tear constituted new evidence under Rule 18.2(c) of the Licence Appeal Tribunal Rules.
The Tribunal dismissed the request, finding that although the MRI report was not before the Tribunal when the decision was rendered and would likely have affected the result, the applicant failed to show that the evidence could not have been obtained previously.
The applicant was aware of the tear months before the decision was released but did not seek permission to introduce it into the hearing record.
