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ATA/547/1998•Remand for further medical investigation under accident insurance
ATA/547/1998Court of Justice / Administrative ChamberSep 1, 1998Remanded
Extracted by Omnilex
The decision sends the file back to CNA for additional medical investigation. The court held that the record was insufficient to decide whether the insured person's hip, back, and shoulder complaints were in a natural causal relationship with the accident. A new factual assessment was therefore required before any final determination under accident insurance.
Art. 6 LAA; natural causation in accident insurance proceedings; where the medical record does not permit a reliable assessment of whether reported complaints are causally linked to an accident, the competent authority must complete the evidentiary record before deciding the claim. A remand is warranted when the decisive medical question remains unresolved and the file is not sufficiently documented to support a final ruling on coverage (consid. not available).
Descripteurs
ASSURANCE SOCIALE; AA; DECISION DE RENVOI; CONSTATATION DES FAITS; ASSU
Normes
LAA.6
Résumé
Renvoi du dossier à la CNA pour investigations complémentaires, notamment s'agissant de savoir si des problèmes de hanche, de dos et d'épaule est en lien de causalité naturelle avec un accident.
Extracted by Omnilex
Whether the medical record was sufficient to determine natural causation between the accident and the hip, back, and shoulder complaints.
The file was not sufficiently clarified; further investigations were required before deciding on causation.
The existing evidence did not allow a reliable assessment of whether the complaints were naturally causally related to the accident, so the matter had to be remitted for complementary inquiries.
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