Key legal question
Whether the knee injury qualified as an assimilated bodily injury under Art. 9(2)(c) OLAA
Extracted holding
The insured's first statements were more credible; no external factor was proven to have triggered the knee condition, so the event was not an assimilated bodily injury.
Extracted reasoning
In social insurance, the court relies on the most probable facts. Where an insured gives inconsistent accounts, the first statement generally prevails. Here the initial declaration and questionnaire did not mention a hole or fall, and the later version arose only after denial of coverage. The witness's statements were also inconsistent.