ATA/104/1996•Confirmation of 10% impairment indemnity for lumbar disorders
ATA/104/1996Tribunal de Justiça / Câmara Administrativa5 de mar. de 1996Confirmed
Extraído pela Omnilex
The case concerns accident insurance and the impairment indemnity for lumbar sequelae. The court confirmed the insurer’s assessment of a 10% impairment indemnity and held that the causal link to the accident ended on the date when the insured person had to be regarded as healed. In particular, for a vertebral compression fracture, healing is normally expected within 6 to 12 months, so later complaints were no longer attributable to the accident.
Art. 6 LAA; assessment of causal link and impairment indemnity after spinal trauma: where medical findings show that the insured has reached the expected healing point, the natural causal connection with the accident is interrupted for later complaints. For vertebral compression fractures, the usual healing period is 6 to 12 months absent contrary evidence. The determination of an impairment indemnity remains subject to the medical assessment of lasting functional consequences; absent grounds for a higher degree of impairment, a 10% indemnity may be confirmed (consid. unspecified).
Descripteurs
ASSURANCE SOCIALE; ACCIDENT; AA; INDEMNITE POUR ATTEINTE A L'INTEGRITE
Normes
LAA.6
Résumé
IPAI confirmée de 10 % (troubles lombaires). Lieu de causalité rompu à la date à laquelle le recourant devait être considéré comme guéri. (Tassement de vertèbre se guérissant en principe entre 6 à 12 mois).
Extraído pela Omnilex
Whether the 10% impairment indemnity for lumbar disorders should be upheld.
The 10% impairment indemnity is confirmed.
The lumbar complaints were assessed as the remaining consequences of the accident, and the degree of impairment did not justify a higher award.
Whether causal connection persisted beyond the date the insured was considered healed.
Causal connection was deemed broken as of the date when the appellant had to be considered healed.
For a vertebral compression fracture, healing is generally expected within 6 to 12 months; after that point the accident link no longer persisted.
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