Facts
[A.] , born in 1933, was employed at [B. AG] from 1963 to 1994 and was thus mandatorily insured with the Swiss Accident Insurance Fund (SUVA). In 1992, bladder cancer was recognized as an occupational disease. In 1994, gastric cancer was additionally diagnosed, which, however, SUVA did not recognize as an occupational disease. After a remand decision by the Federal Court, SUVA conducted further investigations into the insured's exposure, but was unable to determine any specific measurement values for pollutant exposure in the workplace. The Federal Court confirmed that the evidence of a particularly high pollutant exposure, which would be required for the recognition of gastric cancer as an occupational disease, was not provided. Therefore, the insured cannot claim any insurance benefits from SUVA for the gastric carcinoma.Considerations
The Federal Court states that according to case law, the requirement of a causal link is fulfilled if the disease has been caused by more than 50 percent by a harmful substance mentioned in Annex I to the AIO. For the individual case, it is decisive whether and to what extent medicine can provide information on the genesis of a disease.
In the present case, despite the investigations ordered by the Federal Court, SUVA was unable to determine any specific measurement values for the insured's pollutant exposure in…