Human rights complaint alleges MPI discriminatory in surveillance By: Kevin Rollason Posted: 7:00 PM CDT Tuesday, Mar. 21, 2023 Last Modified: 9:18 AM CDT Wednesday, Mar. 22, 2023 Updates

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A Winnipeg woman has filed a human rights complaint against Manitoba Public Insurance, alleging its video surveillance — to document whether she was lying about the extent of her injuries — was discriminatory because of her disabilities.

Lindsey White, 40, has been injured in seven motor vehicle collisions since 2002 and is fighting with MPI to get benefits.

White said while an international expert in hypermobile Ehlers-Danlos syndrome (hEDS) believes the genetic disorder’s effects were likely triggered by her injuries, MPI hired a private investigation firm to follow and record her 14 times in May-August 2019, because “you don’t look sick.”

“I believe that I was harassed in the provision of services on the basis of disability,” White said Tuesday. “They have discriminated by refusing to acknowledge my diagnosed, documented disability, even when presented with evidence.

“I believe that I was harassed in the provision of services on the basis of disability… They have discriminated by refusing to acknowledge my diagnosed, documented disability, even when presented with evidence.”–Lindsey White

“In the long term, I will always need some degree of management and I didn’t need that before the accidents. I need MPI to help me,” she said. “Whatever I’m entitled to, I am entitled to.”

A spokeswoman for MPI said because of privacy policies they cannot respond to specific claims nor individuals involved, adding: “Claims are referred to MPI’s special investigation unit on a case-by-case basis. Referrals are case-specific and based on information provided to MPI.”

White said she has been diagnosed with hEDS, a connective tissue disorder which leaves people who have it with overly flexible joints.

In an Oct. 21, 2022, report submitted by Colorado-based specialist Dr. Patricia Stott (an expert on hEDS and a member of the International Consortium on EDS), in her professional opinion: “It is most likely that the current symptoms presented by this patient can be attributed to her involvement in several motor vehicle accidents and not solely on her genetic condition… Accident or injury are common catalysts for onset of hEDS symptoms.”

Stott, who has been treating White virtually since July 2021, said while White wasn’t diagnosed with hEDS until February 2020 — four years after her last collision — it doesn’t surprise her people might see the woman able to do some types of activities on some days, while not being able to do them on others.

“Symptom flare-ups that render her unable to perform activities of daily living one or more days a week… can be caused by a number of different factors,” the doctor said. “The variability and lack of predictability of her symptoms also make it impossible for her to currently work on a regular schedule.”

Stott added hEDS is “an invisible illness” and people with it “want to do more, and may do that on a ‘felt-good’ day, which will only tax their system more and demand more recovery time.”

However, in a November 2022 file, a medical consultant asked by MPI to review Stott’s report said they don’t see any evidence of a “medically probable cause and effect relationship” between the injuries suffered in the collisions and White’s current conditions.

“It is my opinion, evidence previously reviewed, in conjunction to that obtained from Dr. Stott, does not support an MVC (motor vehicle collision)-related enhancement of the claimant’s underlying connective tissue disorder, which is not MVC-related, in all probability,” the unnamed medical consultant said.

White, a musician who teaches students, played locally before she became ill, and was previously named one of CBC Manitoba’s Future 40 leaders, said her symptoms, in part, cause problems when she is playing music, prevents her from lifting heavy equipment, and forces her to shift positions numerous times while sitting.

“I can’t sit in one position for long,” she said. “That’s when I was first discriminated against at first, because (when she saw a MPI doctor) he said I stood up and sat down a lot. But that’s because I need to change position frequently.”

White said MPI uses “movement to define my capabilities, when movement is part of my disorder.”

She filed the human rights complaint Feb. 23, saying the commission responded it had received the documents.

“I can’t sit in one position for long… That’s when I was first discriminated against at first, because (when she saw a MPI doctor) he said I stood up and sat down a lot. But that’s because I need to change position frequently.”–Lindsey White

The Manitoba Human Rights Commission couldn’t be reached for comment Tuesday.

The Canada Revenue Agency looked at the same medical evidence MPI has rejected and awarded her a Disability Tax Credit in 2020, White said.

She is not only seeking damages from MPI, but is hoping future surveillance by the Crown auto insurer will have to meet a higher threshold before being launched, White added.

“It shouldn’t just be ‘we don’t believe her.’”

kevin.rollason@freepress.mb.ca