ATA/441/1996•No natural causality for carpal tunnel syndrome; no occupational disease
ATA/441/1996Tribunal de Justiça / Câmara Administrativa27 de ago. de 1996Dismissed
Extraído pela Omnilex
The court held that the appellant's carpal tunnel syndrome lacked natural causal connection to the hand accident. It further found that her neck and back complaints were not caused by her catering work and therefore could not be recognized as an occupational disease under Art. 9(2) LAA. The appeal was dismissed.
Art. 9 al. 2 LAA; occupational disease and natural causality in accident insurance: cervical and dorsal complaints are not an occupational disease unless a sufficient causal link to the professional activity is established. A carpal tunnel syndrome is not covered as accident-related absent proof of a natural causal connection with the hand accident. Mere temporal proximity or the presence of symptoms does not suffice; the insured bears the burden of demonstrating the required causal nexus.
Descripteurs
ASSURANCE SOCIALE; ACCIDENT; AA; CAUSALITE NATURELLE; LESION DE LA MAIN; ASSU
Normes
LAA.9 al.2
Résumé
Syndrome du canal carpien sans causalité avec un accident de la main. Les troubles dorsaux et à la nuque de la recourante ne sont pas dus à l'activité professionnelle de la recourante (catering). Il n'y a donc pas lieu de reconnaître une maladie professionnelle.
Extraído pela Omnilex
Whether the appellant's carpal tunnel syndrome was naturally caused by the hand accident.
The carpal tunnel syndrome was not causally linked to the accident.
The court found no natural causal connection between the accident and the claimed hand lesion-related syndrome.
Whether the neck and back complaints had to be recognized as an occupational disease under Art. 9(2) LAA.
The complaints were not caused by the appellant's catering work and therefore did not qualify as an occupational disease.
Because the record did not establish that the dorsal and neck disorders resulted from the professional activity, the conditions for recognition under Art. 9(2) LAA were not met.
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