ATA/438/1996•No adequate causation for psychological condition after medium accident
ATA/438/1996Tribunal de Justiça / Câmara Administrativa27 de ago. de 1996Dismissed
Extraído pela Omnilex
The court examined whether the insured person's anxiety disorder was adequately caused by a car accident. It classified the accident as medium severity and denied adequate causation. The appeal was therefore dismissed and the benefit claim failed.
Art. 6 LAA; adequate causation of a psychological impairment after an accident of medium severity. In assessing psychological sequelae of an accident, adequate causation is denied where the accident is classified as medium and the relevant criteria do not, in their overall assessment, justify attribution of the mental disorder to the insured event. The mere temporal or factual sequence between accident and symptoms is insufficient; decisive is whether the accident, according to its objective characteristics and consequences, is apt to cause such a disorder in the ordinary course of things and general life experience.
Descripteurs
ASSURANCE SOCIALE; ACCIDENT; AA; CAUSALITE ADEQUATE; ACCIDENT DE GRAVITE MOYENNE; AFFECTION PSYCHIQUE
Normes
LAA.6
Résumé
Pas de causalité adéquate entre l'état anxieux de l'assurée et l'accident de voiture qui doit être qualifié de moyen.
Extraído pela Omnilex
Whether the insured person's anxiety state was in adequate causal relation to the car accident.
The accident, classified as of medium severity, did not establish adequate causation for the psychological condition.
For a medium-severity accident, the required criteria for adequate causation were not met on the facts found by the court.
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