No proven occupational disease from vibration exposure

ATA/678/1998Tribunal de Justiça / Câmara Administrativa3 de nov. de 1998Dismissed

Extraído pela Omnilex

Resumo Omnilex

The insured person sought recognition of ankle bone lesions as an occupational disease allegedly caused by vibration exposure at work. The court held that the causal relationship was not proven with a probability of at least 50%, so the condition of occupational disease under accident insurance law was not satisfied. The claim was dismissed.

Sumário Omnilex

Art. 9 LAA; occupational disease and proof of causation by workplace exposure to vibrations: an ailment is not to be recognized as an occupational disease unless the causal link between the employment exposure and the pathological condition is established with at least a 50% probability. Where such probability cannot be shown, recognition must be refused.

Texto completo

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; MALADIE PROFESSIONNELLE; ASSU

Normes

LAA.9

Résumé

La relation entre des lésions osseuses des chevilles et un travail exposant aux vibrations (plateaux vibrants) n'ayant pu être démontrée avec un taux de vraisemblance de 50% au moins, la maladie professionnelle doit être niée.

Palavras-chave

social insuranceaccident insuranceoccupational diseasecausationvibrationsprobability of proof

Extraído pela Omnilex

Questões jurídicas principais extraídas pela Omnilex

Questão jurídica principal

Whether the ankle bone lesions qualify as an occupational disease under accident insurance law.

Decisão extraída

The occupational disease claim fails because a causal link to vibration exposure was not established with the required degree of probability.

Fundamentação extraída

The evidence did not demonstrate, to at least a 50% probability, that work on vibrating platforms caused the bone lesions of the ankles; therefore the statutory requirements for an occupational disease were not met.

No proven occupational disease from vibration exposureGerado por IA