MIG Update – September 14, 2020
Factor: Corroborating Evidence
In the following two MIG ‘holds’, even though the diagnoses were advanced, supporting evidence was required to corroborate the diagnosis.
In 19-005741 v Unifund, the Applicant was diagnosed with Adjustment Disorder, Driving Phobia and chronic pain. The Tribunal’s findings turned on:
- Absence of corroborating evidence of complaints elsewhere – only two visits at the family doctor between the date of loss and the hearing with no psych complaint
- The Tribunal “struggled to reconcile the ultimate diagnosis (Adjustment Disorder) with the results of the testing”
In 19-009241 v Co-operators, the Applicant was diagnosed with Adjustment Disorder and Specific Phobias more than two years post-MVA based upon self reporting with no testing. The Tribunal’s findings turned on:
- Applicant’s submission were undermined by “a sheer lack of corroborating or contemporaneous evidence”
- No medical opinion, a clinical note or referral, treatment records, an OHIP record, an affidavit evidencing a visit for psychological or emotional symptoms in the two years prior to the diagnoses
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