Facts

[A.] , born in 1968, worked as a plant operator at the [B.] nuclear power plant in 2003 and 2004, and as an expert for the Swiss Association for Technical Inspections (SVTI) at the [C.] nuclear power plant in 2010. After being diagnosed with bladder and prostate cancer, he applied to the Swiss Accident Insurance Fund (Suva) for benefits due to an occupational disease. Suva denied the existence of an occupational disease. [A.] appealed against this decision to the Social Insurance Court of the Canton of Zurich, which dismissed the appeal.

Considerations

The Federal Court overturns the decision of the lower instance and remands the case for a new assessment. It justifies this as follows:
  • The lower instance has assessed the question of whether the complainant's tumor diseases were predominantly caused by his occupational radiation exposure according to the wrong legal standards. For the recognition of an occupational disease under Art. 9 para. 1 AIA, it is sufficient if the occupational exposure contributed more than 50% to the…