Facts
A. was insured as a prison director at Basler Versicherung AG since November 1, 1998. In April/May 2003, he pricked himself with a used addict's needle during the search of an inmate and became infected with the HIV virus. From June 2010 onwards, he was certified as unfit for work due to mental health issues. Basler Versicherung rejected the adequate causal link between the needle prick and the mental health issues.
The Insurance Court of the Canton of Aargau affirmed the causal link. Basler Versicherung then filed a complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the decision of the Insurance Court and denied the adequate causal link between the needle prick and the mental health issues.
While in the case of a minor accident such as the present needle prick, an examination of the adequacy must be carried out exceptionally if the event immediately causes accident consequences that are not obviously independent of the accident. However, the criterion of the severity or special nature of the injury suffered and its experiential suitability to trigger mental health disorders must be particularly pronounced in such cases.
The Federal Supreme Court concluded that the HIV infection alone is not legally adequate to fulfill this criterion in a particularly pronounced manner. Although the HIV infection cannot be classified as harmless, it is also not to be classified as particularly…