Questione giuridica chiave
Whether the right-shoulder rotator cuff rupture qualified as an injury covered under Art. 6(2) UVG or was predominantly degenerative.
Decisione estratta
The rupture fell within the list of Art. 6(2) UVG as a tendon tear, but Suva proved that it was predominantly due to degeneration rather than the accident.
Motivazione estratta
The court held that the insurer bears the burden to show a predominant degenerative or disease-related cause. The medical record, especially the Suva surgeon's assessments, showed a non-suitable mechanism for a traumatic tear and multiple degenerative indicators, while the treating surgeon's contrary view was insufficiently substantiated.