Natural causal link to accident not established

ATA/543/1998Court of Justice / Administrative ChamberSep 1, 1998Dismissed

Extracted by Omnilex

Omnilex summary

In this accident-insurance matter, the court held that the insured person had not proven a natural causal link between the accident and the health complaints. The expert evidence went no further than stating that such a link was possible. On that basis, entitlement to benefits under the Accident Insurance Act was denied.

Omnilex headnote

Art. 6 LAA; natural causal link between accident and health impairment must be established with sufficient probability. A merely possible causal connection, even if mentioned by experts, is not enough to found entitlement to accident-insurance benefits. Where the evidence remains at the level of a possibility, the claim fails for lack of proof of causation.

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; CAUSALITE NATURELLE; ASSU

Normes

LAA.6

Résumé

Lien de causalité naturelle avec l'accident non établi, les experts ayant admis qu'un tel lien était seulement possible.

Keywords

social insuranceaccident insurancenatural causationmedical expertiseproof

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the insured person proved a natural causal link between the accident and the complained-of condition.

Extracted holding

No. The experts only admitted that such a link was possible, which was insufficient to establish natural causation.

Extracted reasoning

A merely possible causal link does not meet the proof required for entitlement under accident insurance.

Natural causal link to accident not establishedAI generated