ATA/220/1995•No natural causation after aggravation of pre-existing spinal condition
ATA/220/1995Tribunal de Justiça / Câmara Administrativa28 de abr. de 1995Dismissed
Extraído pela Omnilex
The insured person suffered a sacrococcygeal fracture that worsened a pre-existing spinal condition. The court held that, in the circumstances, the accident no longer had natural causal significance for the ongoing spinal disorder. The claim based on accident insurance was therefore rejected.
Art. 6 LAA; natural causation in accident insurance where an accident aggravates a pre-existing spinal condition. A claimant is entitled to benefits only so long as the accident remains a natural cause of the complained-of state of health. If the accident-related injury has merely aggravated an earlier spinal disorder and the subsequent condition is no longer attributable, in a natural-causal sense, to the accident, entitlement ceases. The court examines causation according to medical findings and the degree to which the accident continues to contribute to the present complaints; a mere temporal sequence or prior aggravation is insufficient.
Descripteurs
ASSURANCE SOCIALE; ACCIDENT; AA; LESION DE LA COLONNE VERTEBRALE; CAUSALITE NATURELLE
Normes
LAA.6
Résumé
Fracture sacro-coccygienne aggravant l'état rachidien antérieur de l'assuré plus de causalité naturelle entre le trouble et l'accident.
Extraído pela Omnilex
Whether the accident remained naturally causative of the spinal disorder after the sacrococcygeal fracture aggravated a pre-existing condition.
No. The court held that there was no longer natural causation between the disorder and the accident.
The post-accident aggravation of an already pre-existing spinal condition was not sufficient to maintain a natural causal link in the legal sense.
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