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  MIG Update – May 4, 2026

Neutral Psychiatrist Trumps IE in MIG Escape

This week’s MIG review examines a successful MIG escape where the Tribunal preferred a consistent clinical timeline over a one-time Respondent’s IE. A neutral psychiatrist, referred by an ER physician and not retained by either party, provided the diagnostic weight the Respondent’s evidence lacked. Learn why “neutrality” and the clinical record proved to be the deciding factors.

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In Ford v. Economical Insurance Company (24-000745), Siddonnie Ford was involved in an accident on December 20, 2022, and sought entitlement to NEBs from March 9, 2023 to December 20, 2024, and five Treatment Plans for psychological services, chiropractic services, and psychological and orthopaedic assessments, totalling $16,097.20.

Ford advanced her claim on the basis of physical injuries that were non-minor and that she suffered from PTSD and situational phobias due to the accident. She relied on the July 2023 report of psychologist Dr.Gabidulina. She further relied on psychologist Dr. Fiati’s July 2023 psycho-educational assessment. She pointed to the CNRs of GP Dr. Black, which documented reports of nightmares, flashbacks, and a fear of riding on a school bus. She relied on psychiatrist Dr. Sidhu’s February 2024 mental health consultation report, which diagnosed her with post-traumatic stress disorder and recommended private therapy. Addressing the Treatment Plans, the Applicant relied on the February 2024 report of Dr. Sidhu to support the July 2023 Treatment Plan for psychotherapy.

Economical submitted that Ford sustained predominantly minor injuries, as evidenced by the November 2023 IE report of physiatrist Dr. Bhangu, who opined that she had reached maximum medical improvement. It also relied on family physician Dr. Black’s CNRs, including a January 2023 ultrasound and July 2023 MRI, which showed no acute pathology or tears. It further submitted Ford had pre-existing psychological problems that were not aggravated by the accident. It relied on psychologist Dr. Rubenstein’s December 2023 IE report, which failed to identify an accident-related psychological impairment.

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The Tribunal found:

• • Ford provided no specific argument as to why her physical injuries should be considered non-minor. Reports from a left shoulder ultrasound and MRI showed no evidence of acute tears, finding the rotator cuff and tendons to be “grossly unremarkable and intact.”
  • While Economical argued that Ford had pre-existing issues, there was no significant evidence that the current PTSD symptoms including nightmares, flashbacks, and hypervigilance were caused by anything other than the subject accident.
  • The evidence of the independent psychiatrist, Dr. Sidhu was most persuasive, noting he was a neutral party referred to by an Emergency Room physician rather than being retained by either side.
  • A consistent medical timeline supported the claim. The CNRs of the family physician, Dr. Black, corroborated a “flat affect” and persistent sleep disturbances dating back shortly after the accident and were severe enough to require psychiatric medication (Prazosin and Trazodone).
    
  • Ford was entitled to the Treatment Plan for psychological services in the amount of $4,389.16.

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