The claimant was involved in a motor vehicle accident and sought benefits pursuant to the SABS. On January 24, 2019, the claimant filed a LAT application to determine whether her injuries fell within the MIG as well as her entitlement to various treatment plans. On February 4, 2020, the claimant filed a second application which again included the issue of the MIG and entitlement to additional treatment plans. On June 9, 2020, Adjudicator Johal released the decision for the first LAT application, concluding that the claimant’s injuries fell within the MIG. The claimant did not request reconsideration nor did she pursue an appeal. Adjudicator Kaur found that the claimant’s second LAT application was barred by the doctrine of res judicata. The claimant relied on additional assessment obtained after the first LAT hearing but failed to explain why this evidence was not available at the material time. Adjudicator Kaur noted that even if the reports were admissible, they were based heavily on the claimant’s self-reporting and lacked persuasive value.
