Tel Aviv Labor Court Orders Extra Professional Rehabilitation for Student
A Tel Aviv Labor Court ordered the National Insurance Institute to grant a student 12 extra months of professional rehabilitation after finding that severe threats and PTSD constituted special circumstances.
The Regional Labor Court in Tel Aviv has ruled in favor of a student against the National Insurance Institute, ordering the state agency to grant an additional 12 months of professional rehabilitation beyond the period previously approved.
The court determined that ongoing threats significantly impacted the student's life and studies, establishing "special circumstances" that justify exceeding the standard 12-month rehabilitation cap.
Background of the Legal Battle
According to court documents, the 27-year-old plaintiff filed a disability claim in 2022. In November of that year, he was assigned a 20% permanent disability rating due to ADHD and related conditions. He subsequently requested professional rehabilitation, and in March 2023, a higher education rehabilitation track was approved retroactively from October 2022 for 12 months. In December 2023, during his fourth academic year, he requested a one-year extension.
The request stemmed from an incident on October 2, 2022, when the plaintiff received a video showing a criminal entering his home with a firearm and threatening him and his wife. Following the incident, a police complaint was filed, a protection order was requested, and the family was forced to leave their home for several months while his car was vandalized. These events led to psychological treatment, course failures, and a subsequent 10% permanent disability rating for PTSD.
Court Ruling and Criticism of National Insurance
The National Insurance Institute argued that the plaintiff failed to prove special circumstances, noting that the incident began before his original application and that he did not immediately halt his studies or report the difficulties.
The court rejected these arguments, ruling that the rehabilitation guidelines do not restrict the start date of an inciting event and that the consequences extended well into his rehabilitation period. The court also criticized the National Insurance Institute for failing to present the head office's rehabilitation department decision during the proceedings.
"The absence of the official decision prevents any proper review of the reasoning and considerations behind the rejection of the extension request," the court noted.
The plaintiff was awarded an additional 12 months of professional rehabilitation under Section 3d of Rehabilitation Circular 2/2015. Since he was represented by the Legal Aid Bureau, no legal costs were assessed against him.
