ATA/71/1998•Epicondylitis treated as occupational disease
ATA/71/1998Tribunal de Justiça / Câmara Administrativa10 de fev. de 1998Granted
Extraído pela Omnilex
In social insurance proceedings, the appellant, a viola player in an orchestra, sought recognition of her epicondylitis as an occupational disease. The court held that the condition was attributable to the professional activity and therefore fell within Art. 9 para. 2 LAA. The appellant succeeded on the merits of this point.
Art. 9 al. 2 LAA; occupational disease: epicondylitis of an orchestral musician may qualify as an occupational disease where the medical and occupational circumstances establish a sufficient causal connection with the professional activity. The decisive factor is whether the work exposure typical of the occupation materially contributed to the disease in a legally relevant manner; if so, recognition is warranted (consid. unspecified).
Descripteurs
ASSURANCE SOCIALE; MALADIE PROFESSIONNELLE; AM; EPICONDYLITE; MUSICIEN; EXPERT; ASSU
Normes
LAA.9 al.2
Résumé
L'épicondylite de la recourante, altiste dans un orchestre, doit être considérée comme maladie professionnelle.
Extraído pela Omnilex
Whether the appellant's epicondylitis qualifies as an occupational disease under Art. 9 para. 2 LAA.
Yes. The court held that the appellant's epicondylitis must be treated as an occupational disease.
The condition was found to be sufficiently linked to the professional activity as an orchestral altist, so the disease fell within the statutory concept of occupational disease.
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.