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BLAWG Post

Feb 14, 2017

Congratulations to our Shikha Sharma for LAT Adjudicator's finding that applicant not entitled to IRBs

Posted in Accident Benefits

Authors Linda Kiley and Michael S. Teitelbaum

Related Lawyer Shikha Sharma

Hearty Congratulations and a tip of the advocacy chapeau to our Shikha Sharma who was successful before the Licence Appeal Tribunal in M.M. and Northbridge in persuading Adjudicator Sewrattan that the applicant was not entitled to the payment of income replacement benefits (IRBs).

Our Linda Kiley observes that the key to the Adjudicator’s decision was his finding that the applicant’s report submitted by Dr. Wong (physiatrist) did not support the applicant's position. The Adjudicator ruled that Dr. Wong had failed to establish a link between the tests that he conducted and his diagnosis of chronic pain syndrome. The Adjudicator agreed with Shikha’s submissions that the applicant had failed to satisfy his onus of establishing a causal link between his post-accident symptoms and his inability to return to his pre-accident employment.

Please see paras. 22-29 in this respect.

A non-cuttable and non-pasteable version of the decision is attached.

Well Done, Shikha!

Keywords

  • chronic pain
  • causation
  • IRBs

Related Team

Shikha Sharma

Shikha Sharma

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P: (416) 367-1608 ext 343 (416) 367-1608 ext 343

Toronto (800) 565-1713 (800) 565-1713

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Linda-Kiley-2454web

Linda Kiley

Email me

P: (416) 367-1608 ext 245 (416) 367-1608 ext 245

Toronto (800) 565-1713 (800) 565-1713

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