Court Recognizes Firefighter's Lung Damage as Work Injury After Insurance Denial
Translated & summarized from Bizportal by baba
A firefighter in Israel has been recognized as a work injury victim by the Regional Labor Court in Tel Aviv after his lung damage was linked to years of exposure to smoke and combustion byproducts. The court overturned the National Insurance Institute's denial, ordering it to pay the firefighter 7,000 shekels in expenses. The ruling was based on expert medical opinions that contradicted the Institute's initial assessment, establishing a causal link between his work and his condition. This decision could pave the way for benefits and may impact other firefighters with similar occupational exposures.
The story in 6 lines · by baba
- A firefighter's lung damage was recognized as a work injury by the Tel Aviv Regional Labor Court.
- The court overturned the National Insurance Institute's denial of the firefighter's claim.
- The firefighter worked for years exposed to smoke and combustion byproducts.
- Conflicting medical expert opinions were presented regarding the cause of the lung damage.
- The court ordered the National Insurance Institute to pay 7,000 shekels in expenses and interest.
- The ruling may benefit other firefighters with similar occupational exposures.
A firefighter from Rishon LeZion, who worked for many years exposed to smoke and combustion byproducts, has been recognized as a work injury victim due to lung damage. The Regional Labor Court in Tel Aviv overturned a previous denial by the National Insurance Institute (Bituah Leumi), ruling that his working conditions caused the impairment. The Institute was ordered to pay him 7,000 shekels in expenses and legal fees, plus interest.
The firefighter, born in 1956, served in two periods: 1978-1985 and 1998 until his illness was diagnosed. He participated almost daily in extinguishing various fires, from brush and forest fires to those involving homes, vehicles, and factories, including fires of rubber, plastic, and fuel. He used breathing apparatus intermittently and rarely in open areas. He never smoked himself.
In 2018, a CT scan revealed fibrotic and emphysematous changes in his lungs, followed by symptoms including a dry cough, chest pain, and difficulty breathing. The National Insurance Institute denied his claim in 2021, prompting him to appeal to the court.
The case involved conflicting medical opinions. The first expert appointed by the court found no evidence of asthma or other lung disease, even after clarification requests. However, two subsequent experts appointed with the agreement of the National Insurance Institute determined a causal link between his work and the lung damage, including occupational asthma. The Institute argued the respiratory issue stemmed from a diaphragmatic hernia the firefighter suffers from, not smoke exposure, and that the third expert was unaware of the actual exposure extent.
Judge Daphna Chason Zecharia and the public representatives rejected these arguments. They noted the first expert's conclusions contradicted CT findings and positive methacholine challenge tests from 2019 and 2020, which indicated hyperreactive airways. The other two experts considered the hernia and reflux but concluded they explained only part of the complaints and not the tissue damage itself. The court also recalled that the facts presented to the experts, agreed upon by both sides, explicitly described constant and prolonged exposure to harmful substances. Furthermore, a legal precedent dictates that when two equally weighted opinions exist, one supporting and one opposing a causal link, the one favoring the insured is preferred, as doubt benefits the claimant. In this instance, the court stated there were two opinions supporting the claim against one.
The recognition as a work injury victim opens the door to injury benefits and a disability assessment, which could lead to a grant or monthly pension. This ruling may also be relevant for other firefighters, particularly those who served when protective equipment was less advanced.