Qualified causal link under Art. 9(2) LAA denied

ATA/49/1998Court of Justice / Administrative ChamberFeb 3, 1998Dismissed

Extracted by Omnilex

Omnilex summary

The court rejected the insured person's claim that the persistent paresthesias in the hands and feet had a qualified causal link, under Art. 9(2) LAA, with the inability to continue working as a machinist (jackhammer operator). The symptoms of tingling were held insufficient to establish the specific causal relationship required for the asserted occupational incapacity.

Omnilex headnote

Art. 9 al. 2 LAA; causal nexus between occupational incapacity and alleged work-related affection: a qualified causal link is not established merely because an insured person can no longer pursue a former profession and continues to suffer paresthesias in the hands and feet. The decisive point is whether the symptoms medically justify the claimed professional incapacity in the legally required sense; absent such proof, the causal link must be denied.

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Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; MALADIE PROFESSIONNELLE; LESION DE LA MAIN; AFFECTION DU PIED; INCAPACITE DE TRAVAIL; CAUSALITE NATURELLE; CAUSALITE ADEQUATE; PROFESSION; ACTIVITE HYPOTHETIQUE; ASSU

Normes

LAA.9 al.2

Résumé

Rejet du lien de causalité qualifié, au sens de l'art. 9 al. 2 LAA, entre l'impossibilité de continuer à exercer la profession de machiniste (marteau-piqueur) et les paresthésies persistantes aux mains et aux pieds sous forme de fourmillements dont souffre le patient.

Keywords

social insuranceaccident insuranceoccupational diseasehand injuryfoot conditionwork incapacitynatural causalityadequate causalityprofessionhypothetical activity

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the insured's inability to continue his profession was in a qualified natural causal link with the persistent paresthesias under Art. 9(2) LAA.

Extracted holding

The qualified causal link was denied.

Extracted reasoning

The court did not accept that the ongoing tingling sensations in the hands and feet, by themselves, established the specific causal connection required between the claimed occupational impairment and the reported symptoms.

Qualified causal link under Art. 9(2) LAA deniedAI generated