https://www5.fsco.gov.on.ca/AD/4199
There is no evidence before me that Mr. Basra is not trustworthy or that he purposely mislead assessors. Dr. Edward Mah, a chiropractor who conducted an insurer examination, testified that he detected exaggerated pain responses, inconsistent tenderness and overreaction when there was nothing physical to explain Mr. Basra’s pain. However, in cross-examination, he agreed that pain amplification could be a descriptor of chronic pain disorder and clarified that he did not test Mr. Basra for chronic pain.
However, in cross-examination, Dr. Mah admitted that pain amplification could be a descriptor of chronic pain and agreed that there could be a physical cause for chronic pain. However, at no time, according to Dr. Mah, did he test Mr. Basra for chronic pain. Dr. Mah confirmed on cross examination that he has never authored a single article on the subject of chronic pain disorder and his last documented hours for chronic pain management were in February 2005. Subsequent to the assessment with Dr. Mah, Mr. Basra was diagnosed with chronic pain by Dr. Ogilvie-Harris. Dr. Ogilvie-Harris, who testified at the hearing, was qualified as an expert in orthopaedic surgery with a special interest in chronic pain. I prefer the expert evidence of Dr. Ogilvie-Harris with respect to Mr. Basra’s chronic pain and give little weight to Dr. Mah’s opinion regarding Mr. Basra’s ability to return to his employment.