Question juridique clé
Whether compensation for an occupational disease must be reduced when the disease was mainly caused by earlier employments and only partly by the defendant's business.
Solution extraite
Yes. Because the worker's health was already significantly weakened by prior occupational exposure, the employer's liability had to be reduced substantially under Art. 5 lit. c FHG.
Motifs extraits
The court accepted the expert findings that the disease was predominantly rooted in earlier work and that the defendant's four to five months of employment had only a minor effect. Under Art. 5 lit. c FHG, prior weakening of health requires an equitable reduction of the employer's liability.