Meniscal lesion not qualified as accident

ATA/22/1996Court of Justice / Administrative ChamberJan 23, 1996Dismissed

Extracted by Omnilex

Omnilex summary

The case concerns whether a meniscal lesion is an accident-related injury under accident insurance law. The decision holds that the lesion did not result from an accident within the meaning of Art. 9 al. 1 OLAA, so accident insurance benefits were refused.

Omnilex headnote

Art. 9 al. 1 OLAA; meniscal lesion and notion of accident-related injury: a meniscal lesion is not covered merely because it is medically diagnosed as a lesion. Coverage requires that the injury fall within the legal notion of an accident or an equivalent accidental lesion. In the absence of such accidental genesis, accident insurance benefits may be refused (cf. consid. unspecified).

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; NOTION; ASSU

Normes

OLAA.9 al.1

Résumé

Lésion méniscale ne résultant pas d'un accident. Prestations refusées.

Keywords

social insuranceaccident insurancemeniscusaccident notionbenefits refusal

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the meniscal lesion qualifies as an accident-related injury under accident insurance law.

Extracted holding

The meniscal lesion did not result from an accident within the meaning of the applicable accident insurance rules.

Extracted reasoning

The described injury did not meet the legal notion of an accident or an equivalent accidental lesion under the relevant ordinance provision.

Meniscal lesion not qualified as accidentAI generated