National Insurance Institute denies benefits: Details of the court ruling
An appeal by a doctor injured in a car accident on his way to work was rejected after the National Insurance Institute's medical committee refused to rely on imaging interpreted in the territories, determining that on-site clinical findings were normal.
A doctor injured in a car accident on his way to work in October 2023 was left without a permanent disability rating after the Regional Labor Court in Nof HaGalil rejected his appeal against the National Insurance Institute (Bituach Leumi). The court's decision upheld the ruling of the medical appeals committee, which determined that the individual does not suffer from permanent disability in the lower back or cervical spine.
The legal dispute focused on a cervical MRI scan submitted by the claimant. Members of the medical committee refused to consider the findings, arguing that the document failed to specify who interpreted the scan or at which institute it was performed, noting that the interpretation was likely signed in the territories. Conversely, the appellant's physician insisted that the scan indicated discopathy, supporting complaints of pain and decreased sensation.
As reported by "Bizportal", Judge Meirav Nir Shalev noted that while the committee could have clarified the details of the institute and the interpreting physician in real-time, it chose not to return the case for a re-hearing. The reasoning was that the appellant failed to provide documents or a digital disk proving the reliability of the scan, even during court proceedings.
Furthermore, the National Insurance Institute argued that disability is determined primarily based on clinical findings rather than auxiliary tests alone. Since the committee's examination showed a normal range of motion and no loss of muscle strength, it was ruled that these medical determinations fall within the committee's exclusive authority.
The final outcome leaves the claimant without recognized disability and illustrates the critical importance of presenting admissible and verified medical documentation before National Insurance Institute medical committees. The parties have 30 days to file a request for leave to appeal to the National Labor Court in Jerusalem.
