Question juridique clé
Whether a non-congenital temporomandibular joint deformity constitutes a disease of the masticatory system under Art. 31(1)(a) LAMal.
Solution extraite
Yes. If the deformity is not congenital and is assimilable to a disease of mastication, it is a serious and unavoidable illness of the masticatory system.
Motifs extraits
The court treated a non-congenital deformity of the temporomandibular joint as falling within the statutory notion of illness for compulsory dental benefits because it is functionally equivalent to a disease of mastication.