The claimant sought entitlement to a medical treatment plans. The insurer was previously successful in a prior hearing and obtained a decision in which the claimant’s injuries were said to be governed by the MIG. The claimant further appealed that decision and a Divisional Court upheld the previous ruling. Accordingly, the insurer sought a preliminary motion to preclude the claimant’s new claim on the grounds of res judicata. Adjudicator Cezary Paluch reviewed the new claims of the claimant and determined that the claims were different than the previous arbitration. While it was acknowledged that the MIG was decided previously, Adjudicator Paluch noted that the claimant may have new grounds to warrant removal and thus it was too early to rule whether res judicata applied. As a result, the claimant was allowed to continue with the new claims.
