Question juridique clé
Whether the lifting incident constituted an assimilated bodily injury under Art. 9(2)(f) OLAA in conjunction with Art. 6(2) LAA
Solution extraite
The incident did not meet the requirement of an external factor beyond normal physical exertion; lifting 25 kg was not an unusual strain for the insured.
Motifs extraits
The court accepted the first, most credible description of the event. Applying the burden-of-proof standard and the case law on lifting or carrying loads, it held that the insured's exertion was not higher than normal and thus lacked the necessary external factor.