2023 ONWSIAT 329 | 2023 ONWSIAT 329 (CanLII)
Workplace Safety and Insurance Appeals Tribunal | File No. 1275/22 | Date: 2023-03-02 | Hearing: Oral hearing by videoconference
PSR Role: psychological symptom validity assessment
The neuropsychological assessment included the Pain Symptoms Ratings Inventory – Revised as part of a symptom validity battery. Results indicated endorsement of atypical symptoms, maximum pain ratings, and inconsistencies, supporting a conclusion of deliberate symptom magnification.
Why It Matters: The tribunal relied on testing that included the PSR inventory when evaluating credibility of pain complaints and determining malingering.
Key Holding: PSR-based validity findings supported a diagnosis of definite malingered neurocognitive dysfunction and undermined the credibility of the worker’s reported pain symptoms.
This decision considers neuropsychological evidence assessing the credibility of reported symptoms following a workplace injury.
Citation
Decision No. 1275/22, 2023 ONWSIAT 329 (CanLII).
Background
The worker claimed ongoing impairment, chronic pain disability, and entitlement to continued loss of earnings benefits following a workplace accident.
Multiple multidisciplinary assessments were conducted, including neurological and neuropsychological testing.
Role of Pain Symptoms Ratings Inventory
The neuropsychological assessment included the Pain Symptoms Ratings Inventory – Revised as part of a symptom validity testing battery.
Results showed endorsement of atypical symptoms, inconsistencies across items, and maximum ratings of pain and disability.
Tribunal Analysis
The tribunal relied on the neuropsychological findings indicating deliberate symptom magnification and non-credible reporting.
Because the authenticity of the reported pain was questioned, the criteria for chronic pain disability were not satisfied.
Quoted Passages
PSR validity findings
She elevated several validity scales, again indicating a non-credible response style. She tended to endorse symptoms that are atypical of pain disorders and maximum levels of pain and disability when given the opportunity.
Neuropsychology report discussion
Issues
Ongoing entitlement for organic injuries: Denied
Entitlement to Chronic Pain Disability (CPD): Denied
Entitlement to Loss of Earnings benefits: Denied
Findings
Result Summary: The appeal was denied. The tribunal found no ongoing impairment, no entitlement to CPD, and no entitlement to further loss of earnings benefits.
PSR-Related Finding: Psychological testing including the Pain Symptoms Ratings Inventory – Revised demonstrated a non-credible response style and symptom exaggeration.