Questão jurídica principal
Whether Article 9(2) OLAA applies to the shoulder and knee lesions as assimilated injuries.
Decisão extraída
The provision applies in principle to the diagnosed lesions; the shoulder injury remained accident-related, while the knee injury was held exclusively pathological.
Fundamentação extraída
Even where a traumatic event is not extraordinary, a listed lesion is assimilated to an accident if an external factor triggered the symptoms. The shoulder rupture was triggered by the accident and no clear return to the pre-accident state was shown. For the knee, the medical evidence supported a purely degenerative cause and the causal link to the accident was doubtful.