Does obesity impair ability to work? Lawsuit against 'Migdal': Doesn't want to pay millions

June Green
August 9, 2020   
Attorneys from all sides are seen preparing as they wait for Israeli Supreme Court President Esther Hayut and Supreme court Justices to enter the room for a second day court session on petitions against the coalition agreement between Gantz's Kahol Lavan party and Netanyahu's Likud at the Supreme Court in Jerusalem on May 4, 2020. Photo by Oren Ben Hakoon/POOL *** Local Caption *** ????? ???? ????? ?????? ???? ??? ???? ????? ????? ????? ???? ???? ???? ?????
Photo: 
Oren Ben Hakoon/POOL

The tendency of insurance companies to reject justified claims from insureds for financial reasons is well-known, but this time it seems that 'Migdal Insurance Company' has taken a big, cynical step forward.

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At least that's what lawyers David Pyle and Nadav Litman claim, who recently filed a lawsuit against the insurance company, in which they ask the court to impose punitive interest on it.

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'Migdal recently partially rejected the claim of a senior office manager, a 51-year-old woman, who until about three years ago, and for 16 years, served as an assistant to the CEO and a field manager in an Israeli branch of a well-known international high-tech company.

As a result of grade 3 morbid obesity (BMI over 40), the woman developed a series of diseases, including hypertension, venous insufficiency, severe fibromyalgia, sleep apnea, cartilage erosion, and more.

As a result of her condition, the woman takes a series of painkillers, including medical cannabis.

Her health condition has made it difficult for her to function in recent years – and she has been forced to work from home. But about three years ago, the woman completely lost her ability to work.

Recently, her condition has deteriorated so much that she uses an electric wheelchair and has even lost partial control of her bowels.

Despite this, the Migdal company recently decided to partially reject the woman's claim, and to approve her with a disability benefit of only 50%, claiming that in her condition she is able to work part-time.

According to lawyers Pyle and Litman, Migdal rejected the woman's claim without justification, and in serious contradiction to all the medical and occupational opinions given in her case.

""The rejection does not stem from defects in the woman's claim," argues Attorney Pyle, "but rather, apparently, as a successful method, stemming from the concern in Migdal about transferring benefits higher than 10,000 shekels per month to the woman - until her retirement - payments that may accumulate to millions of shekels over the years.".

The lawsuit was filed with the Tel Aviv Regional Labor Court.

A defense has not yet been filed.


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