Facts
Max Michel broke his upper right canine tooth, which was already filled, on 26 September 1975 while attending a civil defence course and eating a biscuit called "Totenbeinli". The military insurance rejected his claim for compensation on the grounds that the breakage of a tooth that had already been treated during normal mastication is equivalent to a phenomenon of deterioration like greying of the hair, and does not constitute an accident within the meaning of the law. The cantonal insurance court of the canton of Basel-Landschaft confirmed this decision.
Max Michel has filed an administrative law appeal against this decision. He requests the annulment of the cantonal decision and the decision of the military insurance, and that the latter be ordered to pay him CHF 892.20 for the costs of dental treatment.
Considerations
According to case law, dental damage requiring treatment does constitute an impairment of health within the meaning of Art. 4 MilIA, whether the damage is caused by an accident or an illness. The breakage of a healthy or functional tooth during normal mastication, even with hard foods, cannot be qualified as an accident in the legal sense. In the present case, the cause of the dental damage must therefore be a pre-existing weakening of the tooth due to a pathological process.
Although dental caries is not considered an illness within the meaning of the MilIA, the pre-existing weakening of the appellant's tooth must be considered an…