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  MIG Update – March 2, 2026

Concussion ‘Suspected’ vs “Diagnosed”

This week, we review a MIG escape wherein the Tribunal weighed the cumulative impact of repeated ‘suspected’ concussion symptoms, documented cognitive limitations, and a chiropractor’s diagnosis. This stood in contrast to the Respondent’s view that the records were inconclusive, specifically pointing to the fact that the family doctor cleared the Applicant for work within the 90-day window and a subsequent neurological IE found no lasting deficits.”

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In Marc-Ali vs. Definity Insurance Company 24-002015, Jaire Marc-Ali was involved in an accident on December 11, 2021, and sought entitlement to three Treatment Plans for chiropractic services, a psychological assessment, and a concussion assessment, totalling $7,377.60. She sought to be removed from the MIG based on a concussion diagnosis, a pre-existing concussion from 2019, and chronic pain. The central issue is the conflict between a ‘suspected’ concussion versus a ‘diagnosed’ concussion.

Marc-Ali relies on her family doctors Colelli and Tong’s consistent assessments of “suspected mild concussion” based on symptoms like light sensitivity, headaches, and physical impact to the head and Dr. Nolan, (Chiropractor) diagnosing Post-Concussion Syndrome and recommending academic accommodations. She also relied on the ongoing assessments throughout January and February 2022 from Dr. Tong, who also provided a statement citing cognitive/mental impairments for her short term disability claim. The records from Pro-Life Wellness that continued to document concussion symptoms and headaches.

Definity argued there was an absence of a formal concussion diagnosis, the minor nature of the documented injuries and that Marc-Ali’s made a functional recovery from her minor injuries highlighting that the family doctor cleared her for full duties by day 89 post accident. Further in her March 2022 EUO she indicated she had no difficulty with concentration and reported that her headaches had lessened. It noted that she traveled to Ghana twice and the United Kingdom post-accident, suggesting she had recovered functionally.

Definity relied on the July 2022 Physiatry IE report by Dr. Shariff Dessouki, August 6, 2024 Psychology IE by Dr. Rodney Day and the August 6, 2024 Neurology IE by Dr. Galit Kleiner. Dr. Day concluded that the psychometric tests revealed no concerns and Dr. Kleiner concluded there was no evidence of mental impairment diagnosable within the DSM-V, and the headaches were unrelated to the accident and there was no indication of a neurological impairment.

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The Tribunal found:

• • Removal from the MIG was warranted, noting that GP Dr. Colelli suspected a mild concussion five days post-accident based on the reported head impact and symptoms of headaches and light sensitivity.
    
  • GP Dr. Tong repeatedly assessed a suspected mild concussion and identified concussion-related cognitive impairments in a Jan 2022 statement to Manulife.
    
  • “I am not persuaded by the respondent’s submissions. In Ontario, a physician, a nurse practitioner, or a neuropsychologist can diagnose a concussion. Dr. Tong is a physician and as such, is qualified to assess the possibility of a concussion. Although I am not bound by a recent decision within Singh v Aviva General Insurance, 2025 CanLii 3674, in which the Tribunal found that it is not necessary to be referred to a neurologist to confirm concussion symptoms, I do find the arguments within the decision persuasive. I also find that because more than one medical professional has noted concussion-related injuries or possible concussion, I favour the evidence put forward by the applicant and find that it satisfies the applicant’s onus on a balance of probabilities.”
    
  • Definity’s argument that Marc-Ali’s concussion symptoms were improving by February 2022 and a return to work March 2022 does not establish that she did not sustain a concussion as a result of the accident and her post accident travel was after she was cleared to return to work by Dr. Tong.
    
  • The Applicant was not entitled to $2,200.00 for the concussion assessment Treatment Plan as the plan was dated eight months after the accident and five months after GP Dr. Tong cleared the Applicant to return to work and she failed to establish how the goals of evaluating a traumatic head injury would be met to a reasonable degree at that stage of her recovery.
    

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