Question juridique clé
Whether the insured proved an assimilated bodily injury under Art. 9(2)(c) OLAA, specifically a meniscal tear caused by the 27 October 2008 event.
Solution extraite
The cantonal finding of a traumatic intra-meniscal lesion was arbitrary; the existence of a meniscal tear was not sufficiently established.
Motifs extraits
The orthopedic surgeon’s testimony was inconclusive and did not exclude other explanations, including degenerative change or plica synovialis. The court of appeal relied too heavily on the post-event onset of pain, which is insufficient under the post hoc ergo propter hoc principle.