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  MIG Update – September 8, 2025

When Psych Testing Doesn’t Match Clinical Presentation

This week a MIG escape case wherein the Tribunal considered an insurer’s psychological opinion, including testing results that appeared inconsistent with the Applicant’s clinical presentation. What corroborating evidence ultimately guided the Tribunal’s decision? It’s a short read, but one that underscores the value of assessing all available evidence in context.

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In He v. Economical Insurance (23-011913), Da Chao He was involved in an accident on August 15, 2021, and sought entitlement to a Treatment Plan for physiotherapy services totalling $4,309.56. He sought removal from the MIG based on a psychological impairment.

He relied on the March 2024 CNRs of family physician Dr. Chu, which indicated he complained of insomnia, nightmares, and sweats. He also relied on the August 24, 2021 report of psychologist Dr. McDowall and registered psychotherapist Ms. Fang, which described him as experiencing daytime fatigue, deterioration in memory and concentration, anxiety, poor mood, increased irritability, and avoidance behaviour. Dr. McDowall and Ms. Fang opined that he had a psychological injury warranting his removal from the MIG and recommended a full psychological assessment including testing.

Economical submitted that there was no evidence of accident-related orthopedic, psychological injuries or chronic pain. With respect to the psychological injury it relied on the September 2022 IE report of psychologist Dr. Lau, which included testing and opinion there was no clear indication of a diagnosable psychological condition due to the accident.

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The Tribunal found:

• The September 2022 of Dr. Law that the “applicant’s highly severe psychometric test results were inconsistent with his relatively normal clinical presentation” that led to the conclusion there was no clear indication of a diagnosable psychological condition was not supported by the other medical evidence.
• “I find that the test results he conducted appear to corroborate with the psychological consultation report of Dr. McDowell and Ms. Fang. I place more weight on the report from Dr. McDowell and Ms. Fang because I find that the psychological testing of the applicant consistently shows he had a psychological impairment.”
• This was further corroborated by family physician Dr. Chu’s March 2024 CNRs, where he stated He had nightmares and insomnia for which Dr. Chu prescribed sleep medication.

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