Epicondylitis treated as occupational disease

ATA/71/1998Court of Justice / Administrative ChamberFeb 10, 1998Granted

Extracted by Omnilex

Omnilex summary

In social insurance proceedings, the appellant, a viola player in an orchestra, sought recognition of her epicondylitis as an occupational disease. The court held that the condition was attributable to the professional activity and therefore fell within Art. 9 para. 2 LAA. The appellant succeeded on the merits of this point.

Omnilex headnote

Art. 9 al. 2 LAA; occupational disease: epicondylitis of an orchestral musician may qualify as an occupational disease where the medical and occupational circumstances establish a sufficient causal connection with the professional activity. The decisive factor is whether the work exposure typical of the occupation materially contributed to the disease in a legally relevant manner; if so, recognition is warranted (consid. unspecified).

Full text

Descripteurs

ASSURANCE SOCIALE; MALADIE PROFESSIONNELLE; AM; EPICONDYLITE; MUSICIEN; EXPERT; ASSU

Normes

LAA.9 al.2

Résumé

L'épicondylite de la recourante, altiste dans un orchestre, doit être considérée comme maladie professionnelle.

Keywords

social insuranceoccupational diseaseepicondylitismusiciancausationmedical expertise

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the appellant's epicondylitis qualifies as an occupational disease under Art. 9 para. 2 LAA.

Extracted holding

Yes. The court held that the appellant's epicondylitis must be treated as an occupational disease.

Extracted reasoning

The condition was found to be sufficiently linked to the professional activity as an orchestral altist, so the disease fell within the statutory concept of occupational disease.

Epicondylitis treated as occupational diseaseAI generated