77-year-old seriously injured in battle in Jerusalem • Recently contacted lawyers, and they found out - Ministry of Defense wrongly calculates disability rates • Now it will be retroactive
Illustrative image // Photo: Amos Zucker, courtesy of the IDF Archive
A severely wounded fighter on the second day of the Six Day War recently received more than NIS 15 million from the Ministry of Defense after discovering a super-mistake 50 years ago in calculating his disability rate.
The fighter served during the Six Day War in the 55th Brigade and was wounded by mortar shrapnel in the Battle of Jerusalem during the Six Day War. Since the war he suffered injury to his right hand, both legs and left thigh muscles. In 1970, he was assigned disability rates for the same injury, but a medical committee that convened a year later accidentally dropped the disability clause by ten percent for the hip injury. The omission that has hurt him over the years.
Photo: IDF Archives at the Ministry of Defense
Recently, the fighter contacted lawyers Lior Solmi and Gil Ganunian from Markman Tomashin's office to look into the possibility of making matters worse in his case. The two ordered his lawsuit from the past, and as they went through the material, discovered the mistake of dropping ten percent for hip injury. Then they contacted the Ministry of Defense and after meetings on the matter, the Compensation Officer mistakenly recognized and compensated the fighter with a retroactive amount of NIS 110,000.
Adv. Lior Sulmi // Photo: Doron Litzert
The amount transferred was too low in light of the attorney's estimate of reimbursement, so an additional request was made while requesting full reimbursement of reimbursements. From a careful examination of the details of the refunds, it became clear that the compensation officer was wrong again, probably because part of the compensation was calculated in pounds instead of the shekels and in the calculation of any disability percentage. As a result, the soldier received additional compensation of NIS 150,000. Eventually, as a result of the writer's mistake being corrected, the warrior, now 77, received compensation of more than NIS 15 million.
"Proceedings in the case have a huge economic significance in terms of eligibility, in light of a super-mistake that would not have been discovered without a painstaking transition to the case," noted Attorney Gil Ganunian. "Following the correction, the fighter is entitled to economic reimbursement for any treatment he needs for the injury that has been restored to his eligibility. . It is important to note that in light of the provisions in the Disabled Law, such as the issue of scars and shrapnel, many IDF cripples who were injured many years ago can now submit claims to the Compensation Officer and increase the rate of disability. Claims of this kind can win them compensation or increase the allowance. Quite a few where we discover such or other calculation errors on the part of the Compensation Officer, which entitles those entitled to high refunds. "