The expert determined that in the future the plaintiff may need physiotherapy, painkillers and lumbar spine injections, and that there may be a deterioration in her condition that will require surgery, but this deterioration is not expected to increase her disability. On the other hand, there may be a benefit in the plaintiff's situation with the passage of time.
As to the functional effect, the expert determined that he does not believe that the accident caused the impairment of the plaintiff's ability to work in her office work.
- In his cross-examination, the orthopedic expert agreed that the 5% disability that he had determined due to the plaintiff's pain fully coincided with the disability determined in the plaintiff's case in the field of neurology [Prov. at p. 57].
As to the limitations of movement in the lumbar spine, the expert referred to the fact that doctors who examined the plaintiff in the community did not mention any limitations, and clarified that the examination he conducted showed a slight limitation as determined in the opinion. The expert noted that no degenerative changes were determined in the plaintiff's case, and therefore the disability should be attributed to the injury caused to the plaintiff as a result of the accident.
- The plaintiff argues that despite the expert's position during the hearing, the degree of disability should be determined in accordance with the degree of disability determined in the opinion, i.e., without overlapping with the neurological disability. On the other hand, the defendant argues that in view of the fact that there is no prior documentation of the plaintiff's movement restrictions, and when the National Insurance Institute determines that she does not suffer from movement restrictions, the expert's determination is "nullified".
I am of the opinion that there is no basis for the arguments of the parties. The expert's testimony was clear and simple, and he insisted on his determination in the opinion, since during the clinical examination the plaintiff was found to have a slight limitation, and therefore the degree of disability was determined in accordance with the provisions of the relevant section of the NII regulations.