ATA/147/1995•No natural causation between accident and spinal pain
ATA/147/1995Tribunal de Justiça / Câmara Administrativa21 de mar. de 1995Dismissed
Extraído pela Omnilex
In an accident insurance dispute, the court held that the claimant's dorsal pain was not in natural causal relation to the accident. Medical findings showed degenerative spinal changes, and the absence of prior symptoms did not establish causation. The appeal was therefore dismissed and the insurance claim failed.
Art. 6 LAA; natural causation between accident and spinal complaints: where medical evidence establishes pre-existing degenerative changes, an accident benefit claim is excluded unless a causal link is proven with sufficient probability. The mere fact that the insured person was asymptomatic before the event does not, by itself, establish natural causation (consid. not specified).
Descripteurs
ASSURANCE SOCIALE; ACCIDENT; AA; LESION DE LA COLONNE VERTEBRALE; CAUSALITE NATURELLE
Normes
LAA.6
Résumé
Pas de causalité naturelle entre l'accident et les douleurs dorsales. Troubles dégénératifs attestés, même si le patient ne s'était jamais senti mal avant l'accident.
Extraído pela Omnilex
Whether the accident was in natural causal relation to the claimant's back pain and spinal disorder.
No natural causation was proven between the accident and the dorsal complaints; the degenerative condition was the decisive explanation.
The medical evidence showed degenerative spinal changes. The fact that the patient had not previously felt symptoms did not suffice to establish a causal connection to the accident.
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