The validity of a rejection of application for sick pay

Supreme Court judgment 11 December 2019, HR-2019-2336-A, (case no. 19-077805SIV-HRET), civil case, appeal against judgment.

A (Counsel Silje Elisabeth Stenvaag) v. The State represented by the Directorate of Labour and Welfare (The Office of the Attorney General represented by Siri Kristin Kristiansen)

Justices: Møse, Noer, Bull, Kallerud, Sverdrup

A nursing patient who was on a sick leave had been denied sick pay because he was not considered disabled, see section 8-4 of the National Insurance Act. The Supreme Court found like the Court of Appeal that he had not sufficiently substantiated that he was unable to work. The medical experts' opinion was that the illnesses stated as reason for the sick leave did not give sufficient reason to establish disability, as the condition was described in the journal. The Supreme Court did not find any reason to review this decision. It was mentioned that the contemporaneous evidence counted more. The appeal against the Court of Appeal's judgment was dismissed.