Court Overturns 2018 Agreement Based on Invalid Medical Decision

An Israeli court has overturned a 2018 settlement agreement, originally approved as a court ruling, for an individual who sustained a back injury in a 2013 work accident. The agreement, which had granted the claimant 19% disability, was based on a medical committee decision that had already been invalidated by a court six months prior. The National Insurance Institute (Bituah Leumi) claimed the claimant was aware the decision was void and concealed this fact, leading the Institute to file a claim to cancel the settlement. The claimant argued that the court rulings were public and that the Institute, as a public body, should have verified the legal status before agreeing to the settlement.

The Regional Labor Court ruled that the claimant was aware the medical decision was invalid when he agreed to the settlement, as he was directly involved in the proceedings that led to its cancellation. The court stated, "We are not convinced that the defendant acted in good faith, as it is presumed he was aware that the decision... was null and void at the time he gave his consent." The court also cited a long-standing principle that a claimant cannot claim a right not provided by law, even if the institution made an error.

As a result of the ruling, the 2018 settlement was nullified, and the initial ruling of 0% disability stands. The claimant now has the option to attend a new medical appeal committee or file a new claim for worsening condition, but not both concurrently. The court acknowledged the significant time elapsed and that the claimant had already received a financial grant based on the overturned decision. He has 30 days to appeal to a debt review committee to potentially freeze repayment of the funds until that committee makes a decision. No legal costs were awarded to either party.