Widow Wins 1.9 Million Shekels After 18-Year Legal Battle Over Reactor Death
A widow will receive 1.9 million shekels and a lifetime stipend after an 18-year legal battle against the National Insurance Institute over her husband's radiation-linked death.
A widow whose husband worked for 40 years at the Dimona nuclear reactor and died of lung cancer is set to receive millions of shekels following a final ruling by the National Labor Court. The decision concludes an 18-year legal battle against the National Insurance Institute (Bituach Leumi).
The husband worked in a unit handling radioactive materials and was classified as an ionizing radiation worker. Seven years after his death, his widow filed a claim for dependents' benefits, arguing that his illness stemmed from his workplace exposure. The National Insurance Institute rejected the claim, claiming he died of natural causes, prompting her to take the matter to the Regional Labor Court.
A court-appointed medical expert determined that the husband's prolonged exposure to hazardous materials had a 50% probability of causing his illness. While the expert could not definitively state that the lung disease directly caused his death, he concluded it was a major contributing factor. The National Insurance Institute repeatedly appealed to replace the expert, but its requests were denied, and the Regional Labor Court ruled in favor of the widow.
National Labor Court Ruling and Criticism
Last month, the National Labor Court dismissed the appeal, upholding the lower court's verdict. A panel of judges headed by Judge Sigal Davidov-Motola clarified that establishing a causal link between workplace injury and death requires demonstrating the most probable cause rather than absolute certainty.
The court strongly criticized the National Insurance Institute, stating that the prolonged legal battle was regrettable and that the agency should have factored this delay into its decision to appeal.
Compensation and Lifetime Stipend
Under the ruling, the widow will receive 1.9 million shekels in retroactive payments, including indexation, covering dependents' benefits dating back to when the claim was first filed. She will also receive a permanent monthly stipend for the rest of her life. Additionally, the court ordered the National Insurance Institute to pay 12,000 shekels in legal costs.
Advocate Danit Mazor of Markman Tomchin & Co., who represented the widow, stated that her late husband dedicated his life to a vital national enterprise, and criticized the state agency for placing unnecessary hurdles in the widow's path despite expert medical opinions.
