Court Recognizes Firefighter's Lung Disease as Work Injury Despite National Insurance Opposition

A labor court in Tel Aviv has recognized a firefighter's lung disease as a work-related injury, overturning the National Insurance Institute's (Bituah Leumi) objection. The firefighter, who is 70 years old and has worked intermittently since 1978 at the Rishon LeZion station, was exposed daily to smoke and harmful combustion products from various fires, including forests, fields, and vehicles.

In 2018, he developed respiratory issues, including a dry cough, chest pain, and breathing difficulties, such as asthma. He filed a claim in October 2021, and the court appointed three medical experts. While one expert found no link between his work and the illness, two others concluded there was a causal relationship between his exposure to fire fumes and his respiratory condition.

National Insurance argued that the first expert's opinion should prevail, asserting that the other experts' conclusions were speculative and lacked legal weight due to unverified exposure data. However, Judge Dafna Chason Zecharia favored the two experts who supported the firefighter's claim, finding their opinions consistent with the medical evidence and mutually reinforcing.

The judge noted that even when faced with conflicting expert opinions of equal weight, the court should favor the one supporting the claimant. This principle was strengthened in this case, as two experts supported the claim against one who opposed it. The judge also highlighted that the experts supporting the claim had considered and ruled out other potential causes for his illness, such as reflux, further bolstering their findings.

Consequently, the court ordered that the firefighter's lung disease be recognized as a work accident. National Insurance was ordered to pay the firefighter 7,000 shekels in legal costs and attorney fees.