The Regional Labor Court recently heard a lawsuit filed by attorneys David Pyle and Reuven Ashkenazi, on behalf of a 52-year-old farmer who worked in the rearing and marketing of ornamental fish, for 15 consecutive years. Acres.
During those years, the farmer also engaged in the illegal cultivation of cannabis in the pool areas, was arrested by the police, convicted and sentenced to community service.
About four years ago, when lesions diagnosed as skin cancer began to spread on his body, a claim was submitted, on behalf of the farmer, to the National Insurance Institute (National Insurance Institute) to recognize his illness as a work injury – but this claim was denied.
After the lawsuit was also rejected for reconsideration of his case, attorneys Pyle and Ashkenazi filed a lawsuit against the National Insurance Institute on behalf of the Regional Labor Court.
According to them, as part of his work, the farmer is required to feed about half a million fish and clean the huge ponds, under the scorching sun, for about 10 hours every day, seven days a week. The fish ponds were covered, it was claimed, with transparent plastic, which did not prevent the penetration of the sun’s rays, and even created a greenhouse effect.
According to the lawsuit, the skin disease from which the plaintiff suffers stemmed directly from his intensive work in the sun, and should therefore be recognized as a work injury.
On the other hand, the representatives of the National Security Council claimed in their written defense that the reasons for the employee’s illness were related to his Ashkenazi origin, the fact that he was a surfer in the past, and also due to his cannabis cultivation, an occupation unrelated to his work.
In the lawsuit, attorneys Pyle and Ashkandezi refuted the NSC’s claims, emphasizing that the employee began his work when he was completely healthy.
As for the cultivation of cannabis, the lawyers claimed that it was a one-off event that lasted only a few months. According to them, the cultivation of cannabis was done for personal use only, and not for sale and trade, and for that the farmer paid his debt to the company. In any case, Advocate Pyle and Ashkenazi argued that there was no connection between the cultivation of cannabis and the development of the farmer’s disease.
The statement of claim was accompanied by evidence supporting the employee’s version as well as medical documents, indicating that the lesions developed against the background of sun exposure and as a result of the nature and conditions of his work. In addition, a partner in the profession testified on his behalf, who described to the court the nature and style of work in raising fish of this type.
After two medical experts in skin diseases appointed by the court, Dr. Eyal Peretz and Prof. Arnon Cohen, unequivocally determined that there was a causal connection between the plaintiff’s work and his illness, the NSC withdrew from his position and recognized the plaintiff’s illness as an occupational injury.
In accordance with the agreement of the parties, Judge Hofit Gershon-Yizraeli recently ruled in the Tel Aviv Regional Labor Court that the plaintiff’s illness is an injury at work as a result of sun exposure.
The judge ruled that the employee was entitled to benefits for his illness, and ordered the National Insurance Institute to pay the legal expenses.
According to attorneys Pyle and Ashkandezi, following the ruling, the employee will file a lawsuit with the National Insurance Institute to determine the degree of his disability.
According to them, this temporary disability is not negligible, due to the advanced stage of his illness, and therefore the National Insurance Institute is expected to cover all medical expenses incurred, grant him high and continuous temporary disabilities, throughout his illness, from filing a claim until recovery, and in case If it leaves restrictions and disabilities, the employee is also expected to receive a one-time or monthly benefit from the National Insurance Institute.
In addition, as a result of the tribunal recognizing the illness as an occupational disease, in the event that the cancer returns, the employee will be entitled to file another lawsuit against the National Insurance Institute, requesting that it be recognized as aggravating his condition, and demanding additional benefits.
According to attorneys Pyle and Ashkenazi, the amounts of benefits that the employee receives amount to hundreds of thousands of shekels, if not more.