2020 ONLAT 19-001450/AABS | 2020 CanLII 80290 (ON LAT)
Licence Appeal Tribunal – Automobile Accident Benefits Service | File No. 19-001450/AABS | Date: 2020-09-23 | Hearing: Written submissions | Adjudicator: Eleanor White (Vice Chair)
PSR Role: component of neuropsychological insurer examination
During an insurer neuropsychological examination, the assessor administered several psychological tests including Pain-symptom Ratings, the Millon Clinical Multiaxial Inventory, and the Brief Symptom Inventory to evaluate psychological functioning following the accident.
Why It Matters: The decision shows PSR being used within a structured psychological testing battery relied upon in accident-benefits adjudication.
Key Holding: PSR formed part of the standardized testing used to assess the presence or absence of psychological injury following the accident.
This Licence Appeal Tribunal decision concerns entitlement to accident benefits and whether the applicant's injuries fall within the Minor Injury Guideline.
Citation
I.D. v Aviva Insurance Canada, 2020 CanLII 80290 (ON LAT).
Background
The applicant was involved in a motor vehicle accident in December 2015 and sought accident benefits from Aviva Insurance Canada.
The insurer maintained that the injuries fell within the Minor Injury Guideline and denied several treatment plans.
Neuropsychological Assessment
As part of an insurer examination, the applicant underwent neuropsychological testing conducted by a neuropsychologist.
The evaluation included several standardized psychological tests designed to assess mood, cognitive functioning, and symptom reporting.
Role of Pain Symptom Ratings
The testing battery included Pain-symptom Ratings, the Millon Clinical Multiaxial Inventory, and the Brief Symptom Inventory.
The assessor concluded that the applicant did not demonstrate clinically significant psychological impairment attributable to the accident.
Tribunal Determination
The tribunal determined that the applicant's injuries were predominantly minor and that the evidence did not support exclusion from the Minor Injury Guideline.
Quoted Passages
Testing battery
Dr. Duhamel administered the following: Tests of Attention, Concentration and Memory… Pain-symptom Ratings, Millon Clinical Multiaxial Inventory and the Brief Symptom Inventory.
Neuropsychological IE discussion
Issues
Applicability of the Minor Injury Guideline (MIG): Applicant remained within MIG
Entitlement to medical and rehabilitation benefits: Denied
Findings
Result Summary: The tribunal concluded that the applicant sustained predominantly minor injuries and was not entitled to treatment beyond the Minor Injury Guideline.
PSR-Related Finding: Neuropsychological testing including Pain-symptom Ratings found no clinically significant psychological disorder resulting from the accident.