Question juridique clé
Whether HOTELA proved that the accident-related consequences had ended and the statu quo sine had been reached by July 2005.
Solution extraite
The insurer did not establish that the insured would have been in the same condition without the accident; benefits could not be terminated on that basis.
Motifs extraits
Medical reports showed that the C7 fracture had healed, but they also indicated that the accident aggravated the kyphotic deformity. The insurer’s doctor inferred a return to statu quo sine without a sufficiently substantiated basis. An external medical expertise was required.