Natural causality for disc herniation after accident

ATA/596/1998Tribunal de Justiça / Câmara Administrativa22 de set. de 1998Dismissed

Abrir fonte

Extraído pela Omnilex

Resumo Omnilex

The case concerned an insured person who suffered a disc herniation after a fall. The decisive question was whether the accident insurer still owed benefits when the causal connection had ceased at the latest one year after the accident, at the time of statu quo sine. The court held that the insurer’s liability ended once the condition would have been the same without the accident. The claim was therefore dismissed.

Sumário Omnilex

Art. 6 LAA; natural causality in accident insurance for spinal disc injury. Accident insurance liability requires that the accident remain a natural cause of the health impairment. Where, after a fall, a disc herniation is revealed but the medical state has reached the statu quo sine, the insurer’s duty to provide benefits ends from that point onward, because the accident no longer contributes causally to the continuing symptoms (consid. not stated).

Texto completo

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; LESION DE LA COLONNE VERTEBRALE; CAUSALITE NATURELLE; ASSU

Normes

LAA.6

Résumé

Hernie discale révélée par une chute statu quo sine atteint un an après l'accident.

Palavras-chave

social insuranceaccident insurancedisc herniationspinal injurynatural causalitystatu quo sine

Extraído pela Omnilex

Questão jurídica principal

Whether the disc herniation remained in natural causal relation to the accident under accident insurance law.

Decisão extraída

The accident insurance remained responsible only up to the point where the statu quo sine was reached; thereafter the accident no longer caused the health impairment.

Fundamentação extraída

The disc herniation became manifest after the fall, but the causal link was limited in time and ended when the condition reached the hypothetical state it would have had without the accident.

Continue sua pesquisa no ChatGPT ou Claude

Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.