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  MIG Update – June 15, 2026

LAT Rejects Expert Report for Ignoring Its Own Validity Concerns

This week’s MIG review highlights a critical risk in accepting expert reports at face value and relying on an expert’s final conclusion when their own underlying clinical findings actively contradict it. Skipping straight to the diagnosis at the end of a report can cause you to miss glaring internal inconsistencies that can prove fatal to your risk assessment.

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In Munhader v. Zenith Insurance Company (24-008562), Aymen Al Munhader, was involved in a motor vehicle accident on December 26, 2021. He sought entitlement to various benefits including four Treatment and Assessment Plans for psychological services, an OT in-home assessment, and a catastrophic impairment assessment, totaling $18,295.99. He sought removal from the MIG asserting he suffered from a concussion, chronic pain, and a psychological impairment.

To support his claims, Munhader relied on chiropractor Dr. Matheson’s CNRs and an April 2022 OCF-3 diagnosing a concussion and severe physical injuries. He also relied on psychological reports from Dr. Ricci (February 2024) and Dr. Gavett-Liu (November 2024). Both diagnosed somatic symptom disorder and major depressive disorder, with Dr. Ricci adding an anxiety disorder with PTSD features. However, while Dr. Gavett-Liu concluded there was no gross evidence of malingering, Dr. Ricci explicitly noted that her psychometric testing suggested a strong tendency toward symptom magnification and over-representation yet she still concluded he suffered from severe depression and anxiety.

Zenith argued that Munhader’s injuries were consistent with minor strains and sprains. It relied on physiatrist Dr. Khan’s September 2022 report, which concluded the physical injuries were minor. It further argued that Munhad’s visits to his family doctor, Dr. Abou-Said were sparse and that he failed to meet the criteria for a chronic pain condition. To counter the psychological claim, Zenith relied on psychologist Dr. Cooper’s August 2022, April 2023, and April 2024 reports. Dr. Cooper’s psychometric testing revealed significant elevations indicative of symptom exaggeration and inconsistency, rendering any definitive psychological diagnosis invalid.

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The Tribunal found:

• • No evidence of concussion as the Ambulance Call Report and emergency room records explicitly noted Munhader did not hit his head or lose consciousness. Furthermore, neither the CNRs of his family physician, Dr. Abou-Said, nor those of chiropractor Dr. Matheson indicated a concussion diagnosis, related symptoms, neurological testing, or any concussion-related treatment following the accident.

  • Dr. Abou-Said’s May 2024 chronic pain diagnosis was entirely unsupported by a physical assessment or objective clinical finding. Furthermore there was a significant gap in visits between November 2022 and May 2024. It preferred the September 2022 IE report of physiatrist Dr. Khan because it was rooted in a comprehensive physical examination.
  • There were no psychological or emotional complaints within the CNRs of both Dr. Abou-Said and the treating physiotherapy clinic. While the s25 assessors (Dr. Ricci and Dr. Gavett-Liu) provided psychological diagnoses, those diagnoses were heavily dependent on Munhader’s subjective self-reporting rather than contemporaneous clinical evidence.
  • Dr. Ricci administered standardized validity indices (the SIMS and MMPI-3) which explicitly flagged a strong tendency toward over-representation, symptom magnification, and potential malingering which lead her to warn in her own report that the data must be interpreted with “extreme caution.”
  • Dr. Ricci fundamentally contradicted herself by bypassing her own validity warnings to validate Munhader’s subjective, exaggerated self-reports. Her report was rejected entirely, preferring the valid and consistent findings of Dr. Cooper.

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