Questione giuridica chiave
Whether the insured's ongoing cervical spine complaints after 2005-11-28 were naturally causally linked to the accident of 2005-03-29.
Decisione estratta
The causal link was not established with the required degree of probability; the neck complaints were not shown to be accident-related.
Motivazione estratta
The early medical record concerned a shoulder distortion and showed no relevant cervical findings for months. Imaging revealed degenerative cervical changes, and the treating and examining physicians did not demonstrate a traumatic HWS lesion. The accident insurer's recognized causal link extended only to the initially accepted shoulder injury, while the new asserted HWS injury had to be proved by the insured.