MIG Update – January 30, 2023

Psych Conclusion Does Not Align With Psychometric Testing

This week, the Tribunal reconciles the incongruent conclusions found in a psychological report with the applicants evidence in the determining the MIG escape case in review this week.

Need help finding cases? Reach out to our Live Chat Experts for guided searches! This added value is included in all subscription levels at no extra cost.

Try It Now!

Sign up for a 14 day free trial and book your walk-through with an inHEALTH team member by emailing service@inhealth.ca or send us a message through Live Chat!

Factor: Psych Conclusion Does Not Align With Psychometric Testing

In Wu v Allstate (20-010616), Hua Bin Wu was involved in a MVA on July 26, 2018 and sought removal from the MIG as he suffers from a psychological impairment. Further he seeks entitlement to two Treatment Plans for psychological assessment and treatment totaling $5901.88.

Wu relied on the records of his family doctor Dr. Cao and the psychological report of Dr. McDowall who diagnosed Wu with Major Depressive Disorder and Anxious Distress.

Allstate submitted the psychological impairment was as a result of accidents that occurred in January and February 2019. They also submitted the IE report of psychologist Dr. Syed who concluded there was no objective psychometric evidence to substantiate Wu’s self-report of psychological impairment.

The Tribunal found:

• There was sufficient evidence found in the records of the family doctor, Dr. Cao of a psychological impairment after the subject accident,prior to January 2019.
• Dr. Cao assessed Wu with post-traumatic stress syndrome, prescribed ativan for the symptoms and referred Wu for psychological counseling.
• Inconsistencies in Dr. Syed’s report where the conclusions were incongruent with the psychometric test results.
• Dr. Syed finds Wu to be “impaired in several areas including: general profile, avoidant, dependent, depressive, borderline, paranoid, anxiety, post-traumatic stress, major depression. The survey of pain attitude for consistency is found to be within normal limits. Dr. Syed then goes on to state concern about distortion of the clinical picture. She finds that there is limited confidence in the reliability and validity of the data gathered in the evaluation.”
• That there was ‘sufficient psychometric evidence of the applicant’s self-report of psychological impairment.That it was difficult to resolve that Wu was ‘ consistent in his self-report of psychological impairment yet is also feigning mental disorder, as suggested by Dr. Syed’
• Allsate had minimized the clinical notes and records of the family doctor, Dr. Cao.

If you Have Read This Far…

Our MIG Monday series discusses the multitude of factors to consider when evaluating a risk position on MIG cases. The Tribunal has ruled on the MIG in 24% of the decisions so far. Each case is nuanced, but with similar factors.

Inform your position & present persuasive arguments. Include an Outcome Analysis Report (OAR) in your case evaluation complete with For/Against cases. Need an OAR?