ATA/22/1996•Meniscal lesion not qualified as accident
ATA/22/1996Tribunal de Justiça / Câmara Administrativa23 de jan. de 1996Dismissed
Extraído pela Omnilex
The case concerns whether a meniscal lesion is an accident-related injury under accident insurance law. The decision holds that the lesion did not result from an accident within the meaning of Art. 9 al. 1 OLAA, so accident insurance benefits were refused.
Art. 9 al. 1 OLAA; meniscal lesion and notion of accident-related injury: a meniscal lesion is not covered merely because it is medically diagnosed as a lesion. Coverage requires that the injury fall within the legal notion of an accident or an equivalent accidental lesion. In the absence of such accidental genesis, accident insurance benefits may be refused (cf. consid. unspecified).
Descripteurs
ASSURANCE SOCIALE; ACCIDENT; AA; NOTION; ASSU
Normes
OLAA.9 al.1
Résumé
Lésion méniscale ne résultant pas d'un accident. Prestations refusées.
Whether the meniscal lesion qualifies as an accident-related injury under accident insurance law.
The meniscal lesion did not result from an accident within the meaning of the applicable accident insurance rules.
The described injury did not meet the legal notion of an accident or an equivalent accidental lesion under the relevant ordinance provision.
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