ATA/437/1995•Back injury while lifting carton not an accident
ATA/437/1995Tribunal de Justiça / Câmara Administrativa29 de ago. de 1995Dismissed
Extraído pela Omnilex
The insured person injured the back while lifting a carton and sought coverage under accident insurance. The court held that the event was not an accident because the requisite extraordinary external cause was absent. It further denied coverage under Art. 9(2) OLAA for the lumbar injury. The claim against the accident insurer was therefore dismissed.
Art. 9 al. 1 OLAA; notion of accident and extraordinary external cause; lifting a load and back injury do not suffice. An accident requires a sudden involuntary harmful event caused by an extraordinary external factor. Musculoskeletal pain occurring while lifting a carton, without such an external exceptional circumstance, does not constitute an accident. Nor is coverage available under Art. 9 al. 2 OLAA where the factual constellation does not correspond to the legally enumerated bodily injuries or their equivalent. Whether a lesion of the spine is covered depends on the statutory prerequisites and cannot be inferred from the mere occurrence of pain during a lifting movement.
Descripteurs
ASSURANCE SOCIALE; ACCIDENT; AA; NOTION; CAUSE EXTERIEURE EXTRAORDINAIRE; POIDS; LESION DE LA COLONNE VERTEBRALE
Normes
OLAA.9 al.1
Résumé
L'assuré qui se fait mal au dos en soulevant un carton n'est pas victime d'un accident. Les lombaires ne peuvent pas non plus être prises en charge par application de l'art.9 al.2 OLAA.
Extraído pela Omnilex
Whether back pain caused by lifting a carton constitutes an accident under social insurance law.
The event did not meet the legal notion of an accident because no extraordinary external cause was shown.
An injury occurring while lifting an object, without an extraordinary external factor, is not an accident within the meaning of Art. 9(1) OLAA.
Whether the lumbar injury was compensable as a bodily injury under Art. 9(2) OLAA.
Coverage was also denied under Art. 9(2) OLAA.
The lumbar condition could not be brought within the listed bodily injuries covered by that provision on the facts of the case.
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