Facts
In this judgment, the Federal Court confirms its previous case law on the adequate causal link between an accident event and resulting mental health disorders that impair the ability to work and earn a living. The lower court has correctly presented the case law on this matter.
Additionally, the Federal Court notes that in cases where the typical complaints of a whiplash injury to the cervical spine are only partially present, but are completely overshadowed by the pronounced psychological problems, the assessment should be made from the perspective of a psychological maldevelopment following the accident.
The Federal Court concludes that the accident of September 2, 1992 is not legally significant for the development of the insured's work incapacity due to mental causes, and that the adequate causal link was rightly denied.
Considerations
The appellant demands a change in the case law on the adequate causal link. She argues that according to Art. 36 para. 2 AOIA, nursing services and cost reimbursements are not, but disability pensions and integrity compensation are appropriately reduced if the health impairment is only partially the result of an accident. Nevertheless, the Federal Court maintains the requirement of an adequate causal link.
The Federal Court rejects these arguments. It adheres to its previous case law, according to which the adequate causal link as an element of evaluation in social insurance law fulfills an…