Tel Aviv Court Recognizes Firefighter's Lung Disease as Work Injury
The Tel Aviv Labor Court recognized a 70-year-old firefighter as a workplace accident victim due to lung disease, rejecting the National Insurance Institute's opposition and ordering 7,000 NIS in legal fees.
The Tel Aviv Labor Court recently recognized a 70-year-old firefighter who developed a lung disease as a workplace accident victim, despite opposition from the National Insurance Institute. Judge Daphna Hasson Zacharia chose to adopt two opposing expert opinions over the initial medical assessment presented by the state agency.
The firefighter, who worked intermittently at the Rishon LeZion station since 1978, participated in extinguishing various types of fires over decades—ranging from forest and agricultural field fires to burning vehicles and plastic products. Naturally, he was exposed on a daily basis to smoke and hazardous combustion products. In 2018, he fell ill and began suffering from a dry cough, chest pains, and breathing difficulties, including asthma.
Medical Opinions and Court Ruling
As part of the lawsuit filed in October 2021, the court appointed three medical experts. While the first expert ruled out any connection between the working conditions and the onset of the disease, the other two concluded otherwise. One expert stated: "In the absence of smoking, and given the knowledge that exposure to various combustion materials can cause lung damage, it can be determined that a causal link exists between his working conditions and the respiratory impairment."
The National Insurance Institute argued that the court should rule based on the first opinion and dismiss the claim, emphasizing that the first expert remained steadfast even after rounds of clarification questions. However, Judge Hasson Zacharia determined that the first opinion failed to align with the medical evidence, whereas the other two opinions were clear, consistent, and supported by the case file.
"Beyond preferring their expert opinions on the merits, they should also be preferred under the judicial rule that when a court is presented with two equally weighted opinions—one establishing a causal link and the other ruling it out—it is appropriate to favor the opinion supporting the plaintiff's version, as doubt should be resolved in favor of the insured," the judge wrote.
Court Order and Expenses
The court ordered the National Insurance Institute to accept the claim, recognizing the firefighter's lung disease as a workplace accident. Additionally, the institute was ordered to pay 7,000 NIS in legal expenses and attorney fees.
