- In a parenthetical article, I will note that the bill included a proposal to add an additional subsection, which reads as follows:
"Without derogating from the provisions of subsections (d) and (e1), a court may, in any proceeding before it in which medical information about a person is disclosed, prohibit the publication of identifying details of that person"; In this subsection, "medical information" - as defined in the Patient's Rights Law, 5756-1996."
However, this section was not included in the amendment to the law.
- In any event, as can be seen both in the text of the law that was passed and in the explanatory notes to the bill, it does not refer to proceedings before the Labor Court, and the Labor Court Law, 5729-1969 (hereinafter: the "Labor Court Law") was not amended at the same time. Indeed, it was held that this amendment does not apply to judgments given in appeals against the determinations of the National Insurance Institute's medical committees:
"As to section 70(c1) of the Courts Law. This section, quoted in section 3 above, deals with a claim for "compensation for bodily injury". The box "compensation for bodily injury" is not defined in the Courts Law itself, nor in the Interpretation Law, 5741-1981, or in theInterpretation Ordinance (New Version). In this state of affairs, "and as long as there is no justification for not doing so, the word without a definition must be interpreted according to its natural, ordinary, and everyday meaning"... Our position is that the words "compensation for bodily injury" in their ordinary and natural sense, and especially in their prevailing legal context, do not constitute benefits claims filed against the National Insurance Institute...
Given this, and certainly when we add to this the rule that the exceptions to the principle of publicity of the hearing should be interpreted briefly, the obvious conclusion is that section 70(c1) of the Courts Law does not apply to claims against the National Insurance Institute, such as the case before us." National Insurance Institute (National Labor) 64316-12-18 Avishag Brand - National Insurance Institute (June 18, 2019))