Medical student as compulsorily accident insured during individual tutoring in a medical practice

Facts

A., born in 1985, studied medicine and completed an individual tutoring program with Dr. med. B., General Internal Medicine FMH, during the academic year 2005/2006. On April 5, 2006, she fell with her bicycle in C. and sustained a severe traumatic brain injury. The Visana Insurance Company (hereinafter: Visana) rejected its obligation to provide benefits as the compulsory accident insurer of the general practitioner's office of Dr. med. B.

The Cantonal Court of Lucerne granted A.'s appeal and determined that she had been compulsorily insured with Visana for the accident of April 5, 2006. Visana subsequently filed an appeal in public law matters with the request to set aside the contested decision and to confirm its decision to reject the claim.

Considerations

The Federal Supreme Court dismisses the appeal. According to the case law, persons who are engaged in an employer's activities to clarify their career choice are compulsorily insured under the Federal Law on Accident Insurance (UVG). The activity of the appellant with Dr. med. B. is comparable to an apprenticeship, a volunteer position, or an internship, which are considered compulsorily insured by law.

The Federal Supreme Court states that the appellant was integrated into the practice of Dr. med. B. in an employee-like position. She had to perform practical activities such as anamnesis, examinations, blood draws, and…