Question juridique clé
Whether the 20 October 2010 event qualified as an assimilated bodily injury under Art. 9(2)(d) OLAA
Solution extraite
No. The court held that, based on the insured's first statements, pushing the pipe in ordinary working conditions did not involve an external factor or unusual strain required for coverage.
Motifs extraits
The court relied on the first, contemporaneous version of events because later explanations were inconsistent and appeared after the legal assessment had become known. On that version, the activity was usual, normal, and without special circumstances such as a fall, slip, or comparable external event.