Thursday, September 18, 2014

20 burden of proof carried by the appellant, handicapped by law, is not particularly high, on the o


Represented by attorneys
Decision rejecting the claim, tooth whitening the appellant Kovetz announces that based on the test results and medical opinion dated 03/24/99, has concluded that there is "a causal relationship" between the skin disease from which the appellant suffers, and the terms of his service in the IDF " for, as defined in Article 1 of the disabled.
1) the appellant's affidavit dated 01/12/99 - VAT displayed / 1.
2) medical opinion of Dr. Joseph additional songs (ie, in addition to the opinion dated 3/24/99 -ms / 2, in response to the medical tooth whitening opinion of Dr. aforementioned Zamir Impatiens (Exhibit W / 2, dated 11/12/2001) -motzg R / 3.
9 Further hearing was postponed tooth whitening to 26.01.2004, and at that time there was the testimony of Dr. Joseph songs, was cross-examined by counsel for the appellant stated in two of his medical opinion, dated 03/24/99 and from 11 / 12/2001; would not redirect examination by counsel for the respondent, however, the witness responded to questions from committee member Dr. L.. Winograd.
T.. On 9/12/98, it was determined medical-profile: -21.o
The. According to the letter of the appellant's commanding officer, Major Joseph Solomon, dated 11/12/98, the role in question, tooth whitening in the past, was manned by Ngdt; This role requires the highest level of responsibility in the link, tracking personnel movements, promotions, updates and special.
Ya. In terms of the complexity of the work - the appellant was not any difficulty to control it, but, as noted above, the work load involved long and what's more, from time to time add to their commander had data, ie, subjects, appellant had to move commanders.
Vulgaris) Trigger 'appearance was -mth Nfshi.b
16 the existence of stress and appellant testified before tooth whitening us were the words written by his commanding officer, Major Joseph Solomon. On the other hand, a draw-medical appellant is another tooth whitening letter from the chief of ordnance spatial unit, relating to the conditions of service of the appellant which details the areas in which the appellant, as follows: -
The. In any case, according to the opinion of the company commander, tooth whitening the appellant made his way Mtzweint.b
Trustees gave us what appellant tooth whitening in his affidavit, dated 1/12/99 and returned them during questioning us. Facts about stress and mental stress, which he testified, and his testimony raised - not concealed any evidence of it, and what's more, they receive letters of strengthening and supporting commanders.
Clearly, appellant tooth whitening was subjected to tension and stress, although subjective, because of the hardness that was performed by the tasks before them, had to fill them; And question events Tribiilim associated tooth whitening with the work, which are marginal or significant secondary and related, directly, especially and particularly of military service and has a "reality", though that may among other soldiers were not these Terms of Service, as it was the appellant, leading to such a result.
According to the tests referred to in LCA 6270/98 (gay Potashnik v officer compensation, PD credits (3), p 721, p 725 p 726) and LCA 4748/02 (officer compensation against Omar served, PD credits (4), p 346, p 347, p 349), when the judgment is based on DNA 5343/00 (officer compensation against Evian, PD N"o ( 5), p 732) - appellant meets the criteria Hndrshim.o
19 There are varying degrees of "causal link" between the event and the outcome. There is a clear relationship and proven factually and scientifically provable undisputed. And there is a statistical relationship tooth whitening or my hypothesis, the various degrees of probability, but it is not absolute or non-specific scientific proof to prove the causal child bond "between military service and the outbreak of the illness of the appellant, the appellant to prove two elements of" causal " namely: -
Rule, the burden of proof regarding the causal child bond "between the disease and military service rests on the plaintiff-recognition C"nch", was approved by a panel of five judges in CA 472/89 (officer compensation against tooth whitening Roth, Judgments " The (5), p 203).
20 burden of proof carried by the appellant, handicapped by law, is not particularly high, on the other hand is not enough that he succeeds in persuading some theoretical tooth whitening possibility exists, concerning tooth whitening the existence of a causal child bond "between military service and the formation of premature babies, and have been determined: -
To prove a "causal link" between the disease and military service on the appellant to prove the existence of a "medical school" to support his position. Method of demonstrating tooth whitening the existence of a "medical school" has been discussed tooth whitening in the case law established by expert opinion when some becomes "medical school". Medical to Chicago School "will be perceived that establish a causal link between military service and the creation of a disease, which requires fulfilling two basic conditions: -
In. Required medical Chicago School "will be determined, there is a" causal relationship "a high degree of probability that is," general acceptance ", the particular circumstances on which the appellant was exposed to during his service and its causation of the disease, which means there is a requirement for medical school determines that" very likely received "The service tooth whitening conditions caused Lmhlh.o
23 As we have noted, see the medical expert, on behalf of the appellant the appellant Terms of Service "causes" tooth whitening disease outbreaks H"fmfigos vulgaris "(Pemphigus Vulgaris), while the respondent's medical Shmomhh- believes that there is no" causal connection "that links mental stress tooth whitening with this disease.
An article by Professor Brenner and her colleagues, described three cases of the disease "pemphigus vulgaris" Pemphigus) Vulgaris), but otherwise there is no speculation in them any proof in any case they can not be a "medical school".
26 case law has already determined that the case should be distinguished from the various medical schools are divided among a number of reasons and through the adventures of the disease, on the one hand, and the case where no medical tooth whitening cause an authority is not compatible with the way

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