Facts
R. M., born in 1955, suffered a mild traumatic brain injury in a bicycle accident on June 22, 1985. As a result, he complained of severe headaches, noise sensitivity, dizziness, and concentration difficulties. After a period of partial incapacity for work, he resumed his job as a laborer in March 1987, but had to interrupt it again soon due to recurring health problems. Neuropsychological examinations revealed a severe bifrontal-temporal functional disorder, which was classified as accident-related. The SUVA initially rejected insurance benefits, but was ordered by the Insurance Court of the Canton of Zurich to provide the statutory benefits.Considerations
The Federal Supreme Court confirms the lower court's decision. It states that there is a natural causal link between the accident event of June 22, 1985 and the subsequent health problems. The symptoms complained of by the respondent, such as headaches, concentration and memory disorders, as well as the observed change in personality, are typical consequences of a traumatic brain injury, even if no organic damage in the sense of a commotio or contusio cerebri can be detected. For the proof of the natural causal link, the degree of preponderance of probability is sufficient in social insurance law. Neuropsychological findings indicating a cerebral functional…