Prostate cancer cannot be considered occupational disease for firefighters
Supreme Court judgment 10 November 2022, HR-2022-2178-A, (case no. 22-024226SIV-HRET), civil case, appeal against judgment.
A (Counsel Anne-Gry Rønning-Aaby), Fagforbundet (intervener) (Counsel Lars Olav Skårberg), Kreftforeningen (intervener) (Counsel Marius Sam Lindberg), Brannmenn Mot Kreft (intervener) (Counsel Rolf Knudsen) v. The State represented by the Directorate of Labour and Welfare (The Office of the Attorney General represented by Kaija Marie Folkestad Bjelland)
A former firefighter developed prostate cancer and put forward a demand to have the disease approved as an occupational disease on the same level as an occupational injury. The claim was based on exposure to cancer-causing substances in his work as a firefighter. According to section 13-14 subsection 1 of the National Insurance Act, there must be a preponderance of probability that the influence in question is suitable to cause the disease in question. The Supreme Court, like the National Insurance Appeals Council and the Court of Appeal, concluded that this condition was not met. It was mentioned that the connection between prostate cancer and the substances to which firefighters are exposed is too uncertain based on current medical knowledge for it to be considered more likely than not that the exposure is suitable for causing prostate cancer. A certain excess of prostate cancer in firefighters had completely or partially different causes. The appeal against the Court of Appeal's judgment was dismissed.
Read the whole judgment (Norwegian only)
Area of law: National insurance law. Section 13-4 of the National Insurance Act.
Key paragraphs: 28-29, 33, 76-78
Justices: Noer, Bull, Arntzen, Østensen Berglund, Sæther