Questione giuridica chiave
Whether the insured person remained entitled to IV coverage of physiotherapy after 31 August 2009
Decisione estratta
Yes. Continued therapy was still necessary to prevent a lasting defect and a substantial impairment of future education and earning capacity.
Motivazione estratta
The court held that the decisive point was not whether new occupational fields would open up, but whether continued therapy would probably preserve or significantly improve earning capacity. The prognosis supported by the treating physician was more convincing than the RAD view, especially given the documented deterioration after the therapy break and the later need for mobilization under anesthesia.