Question juridique clé
Whether the accident insurer remained liable for benefits after 1 January 2008 for the disc herniation and resulting complaints.
Solution extraite
No. The herniation was probably pre-existing and only activated by the accident; the insurer had already provided benefits long enough for the accident-related aggravation.
Motifs extraits
The Federal Supreme Court agreed that the accident was not a likely cause of the disc injury. Given the degenerative background and the limited severity of the collision, only the immediate post-accident pain syndrome was compensable, and that had been covered until 31 December 2007.