The psychiatric expert also did not determine a concrete functional limitation, and noted that the plaintiff continues with her daily life. As part of the diagnosis of an adjustment disorder, the expert determined that the plaintiff suffers from a mild impairment in mental and social functioning and a slight limitation in her ability to work, which he reduced by half during his testimony.
Therefore, according to the experts' opinions and testimonies, some of the medical disability does not have a functional effect, especially with regard to earning capacity.
- During her interrogation, the plaintiff again described her difficulties due to her back pain, including regarding the performance of her work. The plaintiff claimed that the salary she earns today is the same as the salary offered to her at her workplace at the time of the accident, in 2018, and this indicates a real impairment to her earning capacity.
At the same time, the plaintiff testified that she had improved her situation [prov. lines 5-9 at p. 36]:
"A: ... Over the years I found a job, over the years I just upgraded my workplace, I currently work in the audit division of the Accountant General, so I don't think it has anything to do with hearing.
Q: Okay. So you've actually upgraded your job, do you say over the years?
A: As far as the title is concerned, yes."
The plaintiff testified that she has been working at her current workplace since May 2023, and has received very positive feedback about her work, so she believes she can advance and stay in this job for years to come.
In practice, in terms of the plaintiff's earnings data, her salary for 2023 as presented in the pay slips reflects a real increase of about 10%.
- The witnesses on behalf of the plaintiff stated in their affidavits that after the accident the plaintiff needed help during the recovery period, and that she suffers from difficulties and limitations to this day. The plaintiff's mother testified that after taking her to the emergency center, the plaintiff stayed at home for several days for the purpose of recovery, during which time her mother took care of her and assisted her in every operation. During the following months, the plaintiff required many treatments, tests and visits to doctors, and the mother used to drive and assist her. She added that even today, the plaintiff has difficulty in her work and in carrying out household activities, due to the pain she suffers.
The neighbor stated in his affidavit that during the months of recovery, the plaintiff had difficulty functioning and suffered from lack of sleep due to the pain. Due to difficulty in carrying loads, he used to help her lift bags of groceries at the time.
- Additional data regarding the plaintiff's functional and employment status after the accident can be learned from the claim documents she submitted to the General Disability Division of the National Insurance Institute (hereinafter: "the National Insurance Institute").
A few months after the incident, and after the plaintiff was fired from her job and began a new job, she filed a claim with the General Disability Division of the National Insurance Institute on November 26, 2018. In the claim form, the plaintiff stated that she suffers from hearing impairment, and did not mention anything regarding her condition in the orthopedic field. It should be noted that the plaintiff was not represented by an attorney on her behalf in this proceeding. The plaintiff was asked about this in her interrogation and replied that she did not know that she could have mentioned in the claim to the General Disability Division all the medical impairments from which she suffers, and only when she came to the committee's hearing was she asked about her medical problems and noted that she suffers from back problems. The plaintiff claimed that at the time she had contacted her former counsel to consider the possibility of filing a claim due to the accident, but she did not share her intention to contact the General Disability Division of the National Security Council at the same time: "I don't remember sharing that I was going to sue the National Insurance Institute as if for general disability, I think there were still separations in my head, two things that I had to deal with I didn't have the ability to understand that there was a connection. That if I apply to the National Insurance Institute, that's the stage at which I also have to cover everything I had as damage from a car accident. Obviously, if I had understood it then I wouldn't have made a joke, I would have done it all together." [Prov. lines 21-26 on p. 35].