Two years of 'Psychiatric: Normal' sank this MIG removal bid.
A claimant's family doctor consistently assessed him as psychiatrically normal for nearly two years - and that record proved decisive.
In a decision released April 14, 2026, the Ontario Licence Appeal Tribunal dismissed all claims brought by Levan Aladashvili against Definity Insurance Company following an August 2023 automobile accident. The self-represented applicant sought removal from the $3,500 Minor Injury Guideline, a non-earner benefit of $185.00 per week, several treatment plans including psychological treatment and a chronic pain assessment, and an award for unreasonable withholding of benefits. The Tribunal denied every one.
The central dispute turned on whether the applicant's injuries - which he argued included psychological impairment and chronic pain - were serious enough to escape the MIG. To support his case, the applicant pointed to a psychological assessment completed by Dr. Konstantinos Papazoglou on June 12, 2025, which diagnosed adjustment disorder, vehicle passenger phobia, and somatic symptom disorder.
The Tribunal found a critical gap. Dr. Papazoglou had based his conclusions on the applicant's own account and psychometric testing without reviewing the clinical notes of the applicant's family doctor, Dr. Irena Yelenbaugen. He acknowledged during his testimony that any information not made available might have changed his medical opinion.
Those family doctor records told a very different story. Across every visit from August 2023 to May 2025, Dr. Yelenbaugen recorded the same finding: "Psychiatric: Normal." There were no complaints of anxiety, stress, or phobias, and no referrals for psychological care - even as the applicant visited her repeatedly for a range of other health concerns. The applicant explained the gap by saying he had not raised accident-related issues with his family doctor because he was receiving rehabilitation elsewhere. The Tribunal was unpersuaded.
The chronic pain argument fared no better. The chiropractor who completed the applicant's disability certificate had estimated recovery at 9 to 12 weeks. The applicant himself testified to receiving physiotherapy for roughly three to four months - consistent with that timeline - and no clinical notes from his treating rehabilitation clinic were put into evidence. An insurer's examination using the 6th Edition of the AMA Guides found the applicant met only two of six criteria for chronic pain syndrome, one short of the minimum three required.
On the non-earner benefit, the applicant's own words worked against him. Asked during cross-examination whether he could still handle self-care, housekeeping, and shopping, he responded: "I'm not disabled, I'm just in pain. I can do all those things."
For claims professionals, the decision is a pointed reminder that contemporaneous primary care records remain among the most powerful pieces of evidence in MIG disputes. When a family doctor's notes consistently contradict a later specialist assessment built largely on self-reporting, the Tribunal will notice - and it will matter.
