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Court Dismisses R2.8m RAF Claim Over Inability to Link Job Loss to Accident Injuries
Photo: TimesLIVE
2026-07-28 07:42   Justice   10

Court Dismisses R2.8m RAF Claim Over Inability to Link Job Loss to Accident Injuries

The North West High Court has dismissed a claim seeking nearly R2.9 million in compensation for past and future loss of earnings from the Road Accident Fund (RAF).

The plaintiff, Oaitse Comfort Letsholonyane, argued that his dismissal from Dekra Automotive following a 2022 motor vehicle collision was caused by injuries sustained in the accident.However, the court ruled that he failed to prove a direct link between his job loss and the accident-related injuries.

Key issues included contradictions in dismissal reasons: Dekra cited incapacity due to medical conditions, while an industrial psychologist's report stated insubordination was the cause.

The court emphasized that these are distinct legal concepts—incapacity refers to physical inability to work, whereas insubordination involves deliberate misconduct.

Additionally, the court criticized the expert evidence, noting the industrial psychologist relied on unverified symptoms without specialist medical diagnoses.The actuarial calculations for loss of earnings were also deemed insufficient due to lack of methodology transparency.This ruling underscores the importance of credible medical evidence and clear documentation in workplace injury claims.

Full reading at TimesLIVE

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