Questione giuridica chiave
Whether the insured could claim medical treatment and daily benefits beyond 2004-03-31 for shoulder lesions
Decisione estratta
Yes, in principle; the prior findings did not clearly establish a return to statu quo sine, so the case had to be sent back for further instruction and a new decision.
Motivazione estratta
The rotator-cuff tear was an assimilated bodily injury under Art. 9(2) OLAA. For such injuries, benefits do not end merely because degeneration is likely; the exclusivity of a degenerative origin must be clearly established, which was not the case here.