Facts
On May 15, 2009, H., born in 1952, suffered an accident when she slipped on the kitchen floor of the T. restaurant and sustained various fractures to her arm and shoulder. Generali Allgemeine Versicherungen AG, as the accident insurer of the operator of this restaurant, C. AG, denied its obligation to provide benefits, as H.'s work deployment had been an unpaid work trial.
However, the appeals filed by Zürich Versicherungs-Gesellschaft AG and Sanitas Grundversicherungen AG were upheld by the Social Insurance Court of the Canton of Zurich, which obliged Generali AG to provide the statutory benefits for the consequences of the event of May 15, 2009.
With its appeal, Generali AG requested that the cantonal court's decision be set aside and its objection decision of November 19, 2009 be confirmed.
Considerations
The Federal Supreme Court states that even if no wage had been agreed upon, the injured party did not act out of mere courtesy. Rather, it was likely that her primary concern was to present herself as a capable employee to her potential employer. The…