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  MIG Update – December 8, 2025

Did the Accident Really Cause New Psych Injuries?

This week, a MIG escape case in which the Tribunal considered an extensive psychological history and a pre-existing psychiatric diagnosis, and assessed whether the accident caused additional psychological or psychiatric conditions. Importantly, as is often the case, the Tribunal examined the impact of corroborating evidence from the treating doctors. The Tribunal’s analysis explains why less weight was given to the Respondent’s IE.

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In Robinson v. Co-operators General Insurance Co (23-014282), Ellocent Robinson was involved in an accident on July 12, 2022 and sought entitlement to IRBs in the amount of $213.34 per week from July 19, 2022 to February 15, 2023 as well as three Treatment Plans for physiotherapy services and psychological assessment totaling $6,003.20. She submitted that she should be removed from the MIG, as she suffered from psychological impairment as a result of the accident. This review relates to the MIG analysis.

Robinson acknowledged that she was under the care of a psychiatrist before the accident, due to both personal and work-related stress and was diagnosed with both anxiety and depression. She submitted that after the accident she suffered from flashbacks to the accident, nightmares, motivation issues and hypervigilance while driving. She relied on the CNRs and the report of psychologist Dr. Young dated February 2024, who diagnosed her with accident-related post-traumatic stress disorder (PTSD) and features of chronic pain disorder.

Co-operators submitted that Robinson’s psychological symptoms pre-existed the accident and that she failed to prove that the accident resulted in a psychological impairment. It relied on the March 2023 IE report of psychiatrist Dr. Jwely, who diagnosed her with chronic adjustment (mixed type) disorder and cluster B personality traits and opined that her psychiatric complaints arose from past traumatic events, but not from the accident.

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The Tribunal found:

• Dr. Young’s opinion was given more weight because it involved extensive clinical interviews and psychometric testing, and specifically compared Robinson’s pre- and post-accident symptoms, confirming the emergence of new disorders like PTSD.
  
• Dr. Jwely diagnosed Robinson with chronic adjustment disorder (mixed type) and Cluster B personality traits, but concluded these conditions were not accident-related. His opinion was based on a one-hour interview and a review of medical records. He attributed Robinson’s psychiatric symptoms to past trauma and stated that her account of the accident “does not correlate with the current symptoms.” This opinion was given limited weight because it provides no meaningful analysis of the symptoms she links to the accident such as flashbacks, homelessness, and pain-related issues and failed to compare her pre- and post-accident presentation.

• “I further find that the CNRs from Richvale Medical Centre and Dr. Memon support the applicant’s claims. While the pre-accident Richvale CNRs refer to anxiety, depression and possible borderline personality disorder, those from after the accident refer to PTSD related to the accident and pain which worsened her mental health issues. While the pre-accident CNRs of Dr. Memon focused on the applicant’s reports of harassment at work, the post-accident CNRs frequently include discussions of the accident and the applicant’s driving-specific anxiety.”
  

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