Secondary disease of an occupational injury approved as occupational injury

A former firefighter had lymphoma recognised as an occupational disease. Due to the cancer, he had to stop treatment with the medication Simponi, which he had used with great effect for ankylosing spondylitis, or Bekhterev's disease. This led to a significant worsening of the ankylosing spondylitis. The Supreme Court found that this worsening – the secondary disease – should be recognised as an occupational injury under the National Insurance Act.

The Supreme Court stated that secondary conditions resulting from an approved occupational injury or occupational disease can be recognised as an occupational injury. The condition is that the occupational injury or occupational disease is the main cause of the secondary condition, meaning it has contributed more than 50 percent. A worsening of an underlying condition can also be recognised as consequential injury.

The Supreme Court emphasised that the man had no symptoms of ankylosing spondylitis before he was affected by lymphoma. The occupational disease intervened in a stable condition and significantly changed the level of functioning. The worsening was triggered by the occupational disease, not by ankylosing spondylitis. It was therefore natural to consider the occupational disease as the main cause of the worsening. The decision of the National Insurance Court is thus based on an error of law and is invalid.

The judgment provides guidance on the possibility of recognising a secondary disease as an occupational injury.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: National insurance law. Sections 13-3 and 13-4 of the National Insurance Act.

Key paragraphs: 33, 44, 48, 68

Justices: Indreberg, Bergsjø, Steinsvik, Hellerslia, Sivertsen