Court Upholds Medical Board's Decision on Work Injury Disability

TDT | Manama

The Daily Tribune - www.newsofbahrain.com   

A worker who was injured in a work-related accident and subsequently deemed partially disabled by a medical board has lost his case in court. The worker, who had initially been assessed with a 60% disability, appealed the decision, claiming his injuries resulted in total disability. The appeals board, after reviewing medical reports, increased the disability percentage to 70%, but the worker still contested the decision, taking the case to the High Administrative Court.

The court, however, sided with the medical boards, stating that they are the competent authorities for determining disability levels for both occupational and non-occupational disability benefits. The court further emphasised that the appeals board's decision, having accepted the appeal and issued a ruling on the worker's injury and disability percentage, is considered final under the Social Security Law.

It's worth noting that the worker had sustained multiple fractures and injuries during the accident, requiring several surgeries. His employer ultimately placed him on retirement due to his inability to perform his job duties and any other office-related tasks. The medical boards had initially determined a partial disability exceeding 30% but less than 80%, resulting in a 60% permanent disability.

The worker's appeal argued that his disability was total, not partial. The appeals board, after reviewing the medical reports, adjusted the permanent disability to 70%. However, the worker remained dissatisfied, arguing that the decision was legally flawed and unfair. He sought the court's intervention to overturn the decisions of both the general and appeals medical boards, demanding a complete disability assessment.

The court, in its ruling, reiterated that medical boards, composed of experienced and specialised physicians, are responsible for assessing disability levels. The court stressed that the boards' decisions, based on their expertise and medical evidence, are final and cannot be overturned by the court unless there is evidence of abuse of power, which was not found in this case.

The court cited the precedent set by the Court of Cassation, stating that the appeals board's decision, having accepted the appeal and determined the worker's injury and disability percentage, is final under the Social Security Law.

Based on these legal arguments and the lack of evidence to support the worker's claims, the court dismissed the lawsuit and ordered the worker to bear the legal costs.