2007 ONFSCDRS 29 | 2007 ONFSCDRS 29 (CanLII)
Financial Services Commission of Ontario Arbitration | File No. FSCO A04-001448 | Date: 2007-02-15 | Hearing: Oral hearing | Adjudicator: Robert A. Kominar (Arbitrator)
PSR Role: psychometric credibility and symptom validity testing
Psychologist Dr. Prendergast administered a battery of psychometric tests including the TOMM, Rey Memory Test, SIMS, and the Pain Symptom Rating Scale. The results fell within the critical range, suggesting poor effort or intentional exaggeration.
Why It Matters: The arbitrator relied on the psychometric testing results, including the PSR, when assessing the credibility of the claimant’s evidence and determining whether a psychological disability was established.
Key Holding: The arbitrator preferred the psychologist’s interpretation of the psychometric testing, concluding that the claimant’s results were inconsistent with genuine psychological impairment.
This arbitration decision examined entitlement to accident benefits following a motor vehicle accident and focused heavily on the credibility of the claimant’s reported symptoms.
Citation
Sabitree Jaiprasad v Personal Insurance Company of Canada, 2007 ONFSCDRS 29.
Background
The applicant claimed that injuries sustained in a motor vehicle accident left her unable to work and entitled her to income replacement benefits.
Psychological Testing
A psychologist conducted an independent psychological evaluation and administered multiple psychometric tests including the Test of Memory Malingering (TOMM), the Rey Memory Test, the Structured Inventory of Malingering Symptomatology (SIMS), and the Pain Symptom Rating Scale.
Role of Pain Symptom Rating Scale
The Pain Symptom Rating Scale was used as part of a broader psychometric battery to evaluate pain-related symptom reporting and credibility.
The results were interpreted as falling within a critical range suggesting unreliable effort or exaggerated reporting.
Tribunal Findings
The arbitrator preferred the psychologist’s interpretation of the psychometric testing results and concluded that the claimant had not established a psychological disability related to the accident.
Quoted Passages
Testing battery
He administered a battery of psychological tests including the Test of Memory Malingering, the Rey Memory test, and later the Pain Symptom Rating Scale.
psychological assessment evidence
Interpretation of results
The results of these tests were, in every case, in what he described as the 'critical range.'
analysis section
Issues
Entitlement to income replacement benefits: Denied
Special award for unreasonable denial of benefits: Denied
Interest on overdue benefits: Denied
Findings
Result Summary: The arbitrator dismissed the claim for income replacement benefits and related relief.
PSR-Related Finding: Psychometric testing including the Pain Symptom Rating Scale produced results in the critical range indicating unreliable symptom reporting.
Quoted Outcome: The results of these tests were, in every case, in what he described as the 'critical range.'