National Insurance Institute and the 'Special Event': Court rules on employee's claim

The Regional Labor Court in Tel Aviv has partially upheld a lawsuit filed by an employee of the National Insurance Institute (Bituach Leumi), ruling that she successfully proved the occurrence of a 'special event' at work. This decision paves the way for potentially recognizing her mental impairment and fibromyalgia syndrome as a work-related injury.

The plaintiff, a customer service department manager, claimed that the work environment deteriorated following a management change in 2019. The situation reached a breaking point on June 9, 2020, when other managers handled a matter within her jurisdiction during public reception hours, deliberately ignoring her in front of staff and clients. She described the incident as a source of severe humiliation.

'This incident was not a routine hallway conversation, but rather an injury to the professional status of the department manager,' stated Judge Dafna Hasson-Zacharia.

Following the incident, the plaintiff reported suffering from insomnia, crying spells, dizziness, and chronic pain, eventually leading to diagnoses of a mental impairment and fibromyalgia. She was ultimately forced to resign from her managerial position.

The National Insurance Institute had requested the dismissal of the lawsuit, arguing that the situation was merely a case of ongoing workplace stress, which does not qualify as a work-related injury. They further noted that the plaintiff continued working that same day and only sought medical attention approximately two months later.

However, Judge Hasson-Zacharia found the plaintiff's testimony to be credible and consistent. The court emphasized that even in cases of chronic stress, a specific incident can be recognized as a 'peak event' that justifies an investigation into a work-related injury.

The court has now ordered the appointment of medical experts in psychiatry and rheumatology. Their findings will determine whether a causal link exists between the June 2020 incident and the plaintiff's current health condition. Only upon receipt of these medical opinions will a final decision be made regarding her status as a work-related injury victim and her entitlement to legal benefits.