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  MIG Update – June 8, 2026

The Persuasive Value of Non-Binding LAT Decisions

This week’s MIG hold review highlights how remote, non-visual assessments fail to meet the evidentiary burden, while underscoring the value of non-binding LAT precedents which, though not law, remain highly “useful” and “persuasive” to the Tribunal.

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Factor:

In Bissainthe v. Co-operators General Insurance Company 24-009499 , Frantz Bissainthe was involved in an accident on March 18, 2022 sought entitlement to two Treatment Plans (an orthopedic assessment and psychological services) arguing he should be removed from the MIG due to accident-related chronic pain and psychological impairments.

Bissainthe relied on a January 2022 report from orthopedic surgeon Dr. Ogilvie-Harris to argue chronic pain syndrome, and a June 2022 report from psychologist Dr. Mrahar diagnosing an adjustment disorder and recommending cognitive behavioural therapy.

Co-operators argued that Dr. Ogilvie-Harris’s report deserved zero weight because it was conducted entirely by telephone with no visual or in-person component. It cited the reconsideration decision in Mohamud v TD (22-006178), where the Tribunal found a lack of visual contact compromised an assessor’s ability to identify physical impairment. It also argued Dr. Mrahar’s psychological diagnosis was unsupported by his own psychometric testing, citing A.R. v Coseco (18-010742) and Muhumed v Economical (22-006383) to show that the Tribunal rejects reports relying on self-reporting without objective testing alignment or external medical reviews.

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The Tribunal’s findings:

• • Rejected the chronic pain assessment by Dr. D. Ogilvie-Harris because a telephone-only call provided no way for the surgeon to observe physical abilities, witness limitations, or conduct physical testing.
  • “While I note that Mohamud analyzes whether a proposed treatment plan is reasonable and necessary, the Tribunal’s analysis and findings are of use with the issue before me. While I am not bound to follow Mohamud, I agree with the findings, a telephone only assessment for physical injuries raises significant questions about the assessor’s ability to identify impairments.” 
  • The psychological assessment by Dr. H. Mrahar relied on self-reports and produced psychometric results (minimal depression and mild anxiety) that did not align with a formal diagnosis of Adjustment Disorder. 
  • Looked to Muhumed v Economical Insurance Company to justify giving less weight to reports that rely almost exclusively on an applicant’s self-reporting without a review of external medical documentation.

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