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  MIG Update – June 23, 2025



9 Years of MIG Rulings – What Have We Learned?

This week: a stat check-in edition of MIG Monday.

April 1st, 2025 marked 9 years since the LAT began adjudicating AB disputes and the MIG has consistently dominated that landscape. inHEALTH’s MIG Monday newsletter subscription and readership has grown by 50%, signalling that this remains a key area of interest for all stakeholders.

With 1900+ MIG decisions determined by the LAT so far… we provide research support that gives you answers.



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MIG Decisions Over the Years

The LAT has seen consistent growth in the number of MIG decisions, represented here as a number and percentage of the total decisions released year over year, from 29% in 2020 to 43% in 2024.

 



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MIG Outcomes

The success rates have remained fairly consistent yet the number of decisions has risen significantly. What are we not learning from thousands of decisions and nearly a decade of precedent? In summarizing these decisions, we’ve noticed some trends and can offer some takeaways:

 

      • Tribunal decisions continue to reinforce well-established principles, yet many disputes repeat the same missteps. Here is what we see:
      • Corroborating evidence from treating physicians and treatment providers is either lacking or unacknowledged;
      • Failures to address the relevant test in either submissions or expert reports (for example, not including functional impairments with regard to chronic pain diagnoses);
      • Notice Requirements – particularly not including the medical reasons. (Although, we are seeing inconsistencies with rulings by the LAT in what is or is not an acceptable reason).
      • Strategic insights from past decisions appear to be underutilized in many claims and legal arguments. There is a noticeable gap in how past case outcomes are being leveraged to inform and guide decision-making, particularly in matters related to the MIG.

    Need a briefing on recent MIG trends or a case law training session for your team? We can help.

    Contact us today or reach out on live chat to set up a tailored session or request a stat report and summary of recent MIG rulings.


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Archive of LAT Updates

June 4, 2025: MIG Escape Justifies CAT Assessments

CAT, MIG

June 2, 2025: Late Onset (Two Years) Shoulder Pain Remains in MIG

MIG

May 28, 2025: CRA Records not Necessarily Determinative Absent Corroborating Documentation

IRB

May 26, 2025: Insomnia a Pre-Existing Condition

MIG

May 16, 2025: First Year of Self Employment Results in $Nil IRB Despite Demonstrated Earnings

IRB

May 12, 2025: Res Judicata Not Waived For New MIG Hearing

MIG

April 30, 2025: Tribunal Confirms Four Class 4 Marked Impairments

CAT

April 28, 2025: MIG Not Conceded Despite Approved CAT Assessments

MIG

April 23, 2025: Court Reverses Tribunal’s Unreasonable Adjournment Refusal

Adjournment, CAT, Divisional Court

April 21, 2025: MIG Escape on Fractured Tooth 15 Months Later

MIG

April 16, 2025: Deficient Notice Renders NEB Payable

NEB

April 14, 2025: MIG Valid Medical Reason

MIG

April 9, 2025: Bus Travelling Over Elevated Manhole Cover Satisfies “Collision”

Definition Accident

April 7, 2025: Four OCF 18’s Payable Despite MIG Hold

MIG

March 26, 2025: Post 104 IRB Ongoing for Non-CAT

CAT, IRB

March 24, 2025: 30% Award for Failure to Review CNRs Overturned on Reconsideration

MIG

March 19, 2025: Yes to CAT, No to Post 104 IRB

CAT, IRB

March 17, 2025: Imaging Report Alone Insufficient to Establish Causation

MIG

March 12, 2025: Tribunal Rules Again on Matter Referred Back by the Court

Definition Accident, Divisional Court

March 10, 2025: Res Judicata Waived on New Evidence

MIG

March 5, 2025: No Criterion 8 CAT as Physical Pain the Limiting Factor

CAT

March 3, 2025: Cause of Shoulder Tear Degenerative or MVA Related?

MIG

February 26, 2025: NEB Payable to 104 Week Mark Due to Technical Breaches

NEB

February 24, 2025: Doctor Not Required to Provide Diagnosis

MIG

February 19, 2025: Court Sets Aside Tribunal S.32 Notice Decision

Breaking News, Div Court, Limitation Period

February 12, 2025: Post 104 IRB Despite Employment & No CAT As Only Two Marked Impairments

CAT, IRB

February 10, 2025: GP Evidence Preferred over IE Regarding Concussion

MIG

February 5, 2025: No Election Required Despite Endorsement of IRB & NEB

Procedure, SABS

January 27, 2025: CNR’s + Imaging Determinative of Complete Shoulder Tear

MIG

January 22, 2025: Court of Appeal Upholds Divisional Court Decision

Divisional Court, NEB, Reconsideration

January 20, 2025: GP’s Diagnosis of “Head Injury” Prevails

MIG

January 15, 2025: Tribunal Accepts Neither Expert in Awarding Pre But Not Post 104 IRB

IRB

January 13, 2025: A Brain Contusion is Not Enough for a Concussion Diagnosis

MIG

January 9, 2025: Court Awards $69K in Costs for Apparent Miscarriage of Justice

Divisional Court,Costs

January 6, 2025: Corroborative Evidence Not Necessarily Required in Psych Diagnoses

MIG

December 18, 2024: Applicant Successful in CAT Case Where Respondent’s Expert Unavailable

CAT

December 16, 2024: Applicants Lose on Flawed Interpretation of the Schedule

MIG

December 11, 2024: Court Sends Paraplegic Matter Back to Tribunal re “Accident”

Definition Accident, Divisional Court, Reconsiderations

December 9, 2024: Pre-Existing Conditions MIG Escapes?

MIG

December 4, 2024: Court Remits $770K Award Worthy Matter Back to Tribunal

Award, Divisional Court, IRB

December 2, 2024: GP Questionnaire Does Not Trigger MIG Escape on Pre Existing

MIG

November 27, 2024: Court Remits $200K Award Worthy Matters Back to Tribunal

Award, Divisional Court, IRB

November 25, 2024: Pre-Screen Not Psychological Diagnosis

MIG

November 20, 2024: IE Not Reasonable or Necessary – No to CAT & IRB

CAT, IRB, Procedure

November 18, 2024: No Evidence Pre-Existing Conditions Prevent MMR

MIG

November 13, 2024: Applicant’s Explanation for Delayed Application Found Reasonable

Procedure

November 11, 2024: GP Concussion Diagnosis Accepted as Legitimate

MIG

November 6, 2024: Court Remits “Unsafe” Decision Back for Rehearing

CAT

November 4, 2024: Submissions Do Not = Evidence

MIG