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  MIG Update – July 6, 2026

“Back to Work” Does Not Validate a MIG Hold Position

This week, we review a MIG removal based on a psychological impairment. The Tribunal prioritized the chronological proximity of the Applicant’s psychological evidence over a single snapshot captured during an IE. This decision underscores that a prompt return to work does not validate a MIG hold if that return requires accommodations, ultimately fails, and leaves an active psychological impairment unaddressed.

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In Sertl v. Intact (24-006162) Daniel Aaron Sertl was involved in an accident on July 6, 2023. . He sought removal from the MIG based on a psychological injury and chronic pain with functional impairment. He claimed entitlement to eight treatment plans (physiotherapy, psychological services, and neurological, psychological, and orthopaedic assessments) totaling $22,093.51.

Sertl relied on an October 2023 psychological assessment by Dr. Papazoglou, that diagnosed him with an Adjustment Disorder, severe sleep disturbance, fatigue, and anxiety. This diagnosis was corroborated by his family physician, Dr. Sequeira, whose records documented ongoing clinical depression and anxiety.

Dr. Papazoglou noted that Sertl’s daily functioning had deteriorated, highlighting social disengagement and travel-related anxiety. He concluded that Sertl was at high risk of developing a chronic pain disorder and recommended psychological treatment, a driving anxiety assessment, a chronic pain assessment, a sleep study, and occupational therapy.

Intact argued that Sertl’s injuries were minor and fully treatable within the MIG. It relied on a February 2024 IE report by psychologist Dr. Marc Mandel, which concluded that no accident-related psychological impairment existed.

Dr. Mandel noted that Sertl exhibited no signs of personal neglect, was cooperative, and recalled the accident in a matter-of-fact manner. The report heavily relied on Sertl’s self-reported timeline at that specific moment, that he had returned to regular work hours and duties, was not currently in psychological treatment, and had only ceased working recently due to a subsequent slip-and-fall incident.

In reply, Sertl clarified that although he returned to work the day after the accident, he did so strictly with accommodations and never performed at full capacity. This compromised work capacity ultimately culminated in a complete work stoppage by December 2024 and his receiving LTD benefits. Sertl maintained that Dr. Mandel’s report was fundamentally inaccurate because it completely overlooked the October 2023 Adjustment Disorder diagnosis and supporting family doctor records.

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The Tribunal found:

• • “I agree with the applicant and find that the diagnosis of Adjustment Disorder takes the applicant out of the MIG. I find that the psychological report and diagnosis from Dr. Papazoglou and the medical history of pain and anxiety from multiple sources including the applicant’s family physician are consistent, and I put weight on this medical evidence.”
  • Dr. Mandel failed to appreciate or account for the pre-existing medical trail, including Dr. Papazoglou assessment October 30, 2023. As such the IE report was found inconsistent with the “preponderance of evidence” and afforded significantly less weight.
  • Sertl was entitled to the neurological and orthopaedic assessment, and physiotherapy Treatment Plans based on the significant evidence of his ongoing physical and psychological injuries found in the CNRs of the GP, hospital, and treatment clinic, as well as in Dr.Paazoglou’s report.

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