MIG Update – May 26, 2025
Insomnia a Pre-Existing Condition?
This week’s MIG escape case wherein the Tribunal considered the exacerbation of a pre-existing condition of insomnia. What evidence prevailed in this determination?
With 1700+ MIG decisions determined by the LAT so far… we provide research support that gives you answers.
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Factor: Pre-Existing Condition
In Griffith Fyffe v. Belair Insurance Company Inc. (23-008316), Toni Jade Griffith Fyffe was injured in an accident on November 8, 2021 and she sought entitlement to four Treatment Plans for psychological services, psychological and psychiatric assessments totaling $9,955.76. In addition to her soft tissue injuries and diminished concentration she claimed that her pre-existing condition of insomnia was exacerbated as a result of the accident, and she should be removed from the MIG.
Griffith Fyffe relied on the records of Dr. Attia, her family doctor who diagnosed migraine headaches and sleep disorder in February of 2021 and in March 2021 prescribed propranolol and topiramate 25 mg and referred her for a sleep study. The records of Dr. Sabbagh dated November 2021 and January 2022 from the sleep clinic indicated mild obstructive sleep apnea and Griffith Fyffe herself indicated she had a significant increase in her insomnia following the accident.
Griffith Fyffe also submitted that since the accident she has been experiencing ongoing pain in her head, neck and upper back, as well as diminished concentration, low attention span, decreased memory and a reduced ability to focus. She relied on the psychological report of Dr. Toneatto dated May 2022 who indicated that denying her access to treatment would only exacerbate her current psychological and physical symptoms and lead to a more chronic clinical condition. He noted that her physical condition, anxiety and depression relative to her somatic concerns have deteriorated significantly.
Belair relied on the IE addendum report and opinion of psychologist Dr. Bacchiochi dated September 2022, who agreed that there was compelling evidence of pre-existing insomnia but opined it would not prevent maximal recovery from a psychological perspective.
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The Tribunal found:
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- The family doctor, Dr. Elham Attia’s diagnoses of migraine, headache, and sleep disorder along with the results of the sleep study by Dr. Sabbagh established the documented pre-existing condition.
- The May 2022 psychological report of Dr. Toneatto was given significant weight; he conducted a comprehensive assessment including an initial screening interview and a thorough clinical assessment. He noted that her physical condition, anxiety and depression relative to her somatic concerns had deteriorated significantly and recommended cognitive behavioral therapy.
- Although, Dr. Bacchiochi, in his s.44 Insurer’s Examination Paper Assessment addendum report dated September 8, 2022 opined that the pre-existing condition of insomnia from a psychological perspective would not prevent maximal recovery from her minor injury he did fee she would she would benefit from a course of cognitive behavioural therapy for insomnia.
- “I am persuaded by the applicant’s medical evidence which tells a consistent story before the accident to November 8, 2021, when the accident occurred. I assign significant weight to the psychological report of Dr. Toneatto, which I find to be compelling medical evidence stating that the pre-existing condition precludes the applicant’s recovery in the MIG. In his report, Dr. Toneatto recommended 12 sessions of cognitive behaviour therapy. Similarly, Dr. Bacchiochi, also advised that the applicant would benefit from cognitive therapy.”
- Given the consistent complaints of exacerbation of her insomnia since the accident “she no longer had minor injuries, but rather significant impairment that precluded recovery.”
Our MIG Monday series discusses the multitude of factors to consider when evaluating a risk position on MIG cases. The Tribunal has ruled on the MIG in 33% of the decisions so far. Each case is nuanced, but with similar factors.
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