Kernrechtsfrage
Whether the right shoulder rotator cuff rupture was an accident-related assimilated lesion under accident insurance law.
Extrahierter Entscheid
The rupture was not shown to be causally linked to the July 22, 2009 event and was instead attributable to a pre-existing degenerative condition.
Extrahierte Begründung
The court accepted the independent expert's view that a traumatic massive cuff rupture would have caused immediate pain and marked functional loss, which was not observed at the first medical visit; the contrary opinions did not undermine that assessment.