Case Review: High Functional Disability Exceeding Medical Disability

By: Adv. Moshe Taieb

Case Review: When Functional Disability Rises Above Medical Disability

The Rishon LeZion Magistrates Court determined functional disability that exceeds medical disability. In case number T.A. 20902-12-21, which dealt with a road accident, the court determined that the plaintiff, Shinanit aged 26, suffered 30% functional disability despite her medical disability being assessed at only 23.05%. Our firm regularly handles similar cases, and this decision reflects an important legal approach that recognizes the gap between medically measured disability and actual harm to the victim’s ability to function and work. In the bottom line this is an important legal principle: functional disability is not determined automatically on the basis of medical disability. Instead, courts examine the concrete impact of the injury on the victim’s ability to function and work. In this case, the occupational factors, the plaintiff’s young age, and the specific requirements of dental work led to the determination of a higher functional disability.

The lower section deals with an important legal principle: functional disability is not determined automatically on the basis of medical disability. Instead, courts examine the concrete impact of the injury on the victim’s ability to function and work. In this case, the occupational factors, the plaintiff’s young age, and the specific requirements of dental work, led to the determination of a higher functional disability.

Background: A Road Accident That Harmed Employment

In 2016, on May 2, the plaintiff, Shinanit aged 26, was involved in a serious road accident. Until that day she worked as a dental hygienist and dental assistant, a field that offered her a promising professional future. But the injuries she sustained changed everything. Not only was she left with physical and psychological injuries, but these injuries created a complex of limitations she was unable to overcome in her original work.

The medical assessments performed after the accident revealed a complex picture of dispersed injuries. The plaintiff suffered neurological injury (10%), psychological disturbances (10%), and orthopedic problems (5%), totaling 23.05%. But these numbers did not tell the full story of the injury.

Her professional trajectory clearly describes the situation. At first she tried to remain in her work with a 30% reduction in hours, but this was not viable. As a dental hygienist, she earned 13,000 NIS per month. She then moved to an office position that paid her 7,714 NIS. Afterward she worked as a salesperson at 3,256 NIS. Today she works at a telephone service center and her income has reached 3,190 NIS per month. This is a story of a continuing decline that economically reflects the severe impact of the injury on her ability to integrate.

The Questions Before the Court

Before the court stood two main legal questions. First, should functional disability be equal to medical disability, or could things be otherwise? Second, when there are several different medical injuries, is there overlap between them, and how does this affect the overall calculation?

The judge was also required to address the question: what are the implications for a young woman who could still work for nearly 40 years? How can one properly assess the impact of the limitations arising from her specialized work — meaning dental work, which still requires precision, extended concentration, special positions, and special physical ability?

Our firm approaches this examination with full seriousness. For every victim, the difference between mere medical assessment and deep examination of the impact on the career can lead to significant differences in compensation.

The Court’s Decision

The court expressed a clear position: functional disability is determined on the basis of all evidence, and medical assessment is only a starting point. Judge Dov Gutleib believed that the victim’s profession, his requirements, and the particular impact of the injuries on work ability should be examined in depth.

He determined that the plaintiff was injured at an age that is still the beginning of her career, and the impact of the injuries was significant and complex. Dental work requires a set of qualifications that the plaintiff lost, and all the injuries in the neurological, psychiatric, and orthopedic fields prevented her from returning to her original work at the required professional level.

In the final outcome, the court determined that her functional disability stood at 30%. This is the assessment that exceeded the medical disability of 23.05% by nearly seven percentage points, and the decision was based on the understanding that the actual injury to earning capacity was more severe than what the medical numbers alone reflect.

Why This Differs from a Legal Perspective

The decision embodies an important principle in damages law: the goal of compensation is not only to describe medical harm, but to restore the victim to the state he was in before the accident. When speaking of a worker in a field with special requirements, functional disability can be significantly higher than medical.

The court also expressed a position against the calculation method: not every medical disability adds to or multiplies the other. Instead, each injury in a different area creates together a complex of limitations that is more burdensome than any one of them separately.

The ruling emphasizes an additional principle: age matters. A victim aged 26 who was injured at the beginning of his career and cannot return to his original work deserves a different assessment than a more mature adult or someone close to retirement. This has significant economic implications over decades.

In no case does this decision say that functional disability must always be higher than medical. What it says is that Israeli courts are prepared to recognize this at times when they are different, and that every case must be evaluated separately taking into account its unique particulars.

What This Means for Families and Victims

For road accident victims, this ruling is good news. It says that if your profession requires special qualifications, and your age is young, and the impact of the injury on your ability to work is severe, then you are entitled to compensation that reflects this reality.

For insurance companies and disability assessors, the decision makes clear that there is a need for much deeper assessment. It is not enough to look at medical numbers and there is a need to examine the person, his work, and the impact of the injury on his life.

Attorneys handling such cases need to prepare a specific and detailed case. Documentation of life trajectory, documentation of attempts to remain in original work, documentation of moving to less advanced and lower-paid work, all this is important material that proves the actual occupational damage.

This ruling also encourages victims who received an initial assessment of low disability not to remain there. If you believe your functional disability is higher, there is a legal basis to bring the matter to further examination. Our firm generally offers a comprehensive assessment of our clients’ cases taking into account all aspects of each case.

Questions Asked Regularly

What is the difference between medical disability and functional disability?

Medical disability is a measure. It reflects the physiological or psychological harm as medical experts assess it. It is built on scientific criteria and examines what can be examined through medical means. Functional disability is something else entirely. It asks: what is the impact of the harm on the person’s ability to work and function? Here we take into account the questions about the profession, his requirements, the possibilities of adaptation, and age and education. Functional disability can be lower if the person can easily change careers, or higher if he cannot do so. In our example, the dental hygienist could not remain in her field, and this elevated functional disability above medical.

Is it always possible for functional disability to be higher than medical?

No. There are specific criteria that need to be met. First, there needs to be concrete evidence that disability impacts work performance. Second, this generally happens when speaking of a profession that requires special qualifications or when the victim is young and expected to work for many more years. Third, there needs to be specific economic information showing the professional trajectory and its deterioration: what exactly you did in your work? What changed? How much does this cost you in money? These are the questions that can lead to proper compensation. There is no automatic formula here. The court examines each case on its data, and there is no automatic copy here. If you believe this is relevant to your situation, it needs to be examined in depth together with an expert.

How exactly was it proven in this case that functional disability was higher than medical?

The presentation of all data was convincing. First there were documents about the profession itself, meaning what is involved in dental work. This requires a great deal of precision, extended concentration, ability to maintain a certain position, and current fine motor skills. Second, medical assessments showed that the plaintiff could no longer meet all these requirements, due to the injuries. Third, the employment history after the accident told a story of deterioration: from work in the field to office work at a lower and lower salary, and later to less qualified and lower-paid work. This was not the plaintiff’s choice but a consequence of her inability to remain in the field. All of this together created a picture that made it easy for the court to determine high functional disability.

What happens when a victim has disabilities in several medical fields at once?

This is not as simple as adding numbers. Each disability is examined separately and contributes to the complete picture of functional disability of the victim, regardless of whether they all originate from the same accident. In this case, the plaintiff suffered neurological injury in addition to psychological problems and orthopedic issues. All of them together created a complex of challenges she was unable to deal with in her field. The important thing is to document every disability properly with experts in the relevant fields, so that each one receives its recognition and contributes to the overall functional disability calculation.

Does age truly affect functional disability?

Yes, absolutely. Age is a decisive factor. When someone is injured at 26, he has some 40 years or more of working life before him. Injury to earning capacity over 40 years affects much more than injury in the last decade or two of life. Furthermore, a young person generally has less professional experience in alternative careers and less flexibility in career change (even if there is more ability to adapt). The court weighs all these factors, and therefore young age generally raises the functional disability that was determined in comparison with an older person who was injured close to retirement.

Summary and Recommendations

The ruling of the Rishon LeZion Magistrates Court presents an important picture of the way Israeli courts approach the question of functional disability. The decision to determine functional disability of 30% while medical disability was 23.05% is evidence of the recognition that actual occupational damage is more severe than what the medical numbers alone report.

The central message is this: every victim is entitled to a fair and comprehensive assessment of his functional disability. It must take into account his work, his age, the actual impact of the injury on his ability to function. This approach reflects not only justice but also a correct economic understanding of the real situation of each victim.

Our firm sees in this ruling an opportunity not to settle for a flat assessment. The power lies in the deep questions: what exactly did you do in your work? What changed? How much does this cost you in money? These are the questions that can lead to proper compensation.

If you or someone you know is a road accident victim, contact our firm. There is a team of expert attorneys who can examine your case and document all the necessary aspects so that you receive the compensation that truly reflects your actual damage.

For legal advice on the topic of functional disability and negligence compensation, contact our firm today. Our team will review your case with care and help ensure you receive the compensation that truly reflects your actual damage.

The information on this page is not legal advice and cannot replace advice from an attorney. To receive advice tailored precisely to your situation, please consult our firm.