Facts
The case concerns an insured person who claimed complaints following a whiplash injury of the cervical spine. The Swiss National Accident Insurance Fund (SUVA) denied the connection between the complaints and the accident, as the results of the functional magnetic resonance imaging (fMRI) did not provide a reliable basis for assessing the accident causality. The insured person filed a complaint against SUVA's decision. The Federal Supreme Court had to assess whether the fMRI findings could be used as evidence for the accident causality.Considerations
The Federal Supreme Court states that medical-diagnostic methods must be scientifically recognized in order for the findings obtained to provide a reliable basis for the assessment of benefit claims in social insurance. An examination method is considered scientifically recognized if it is widely accepted by researchers and practitioners in the medical science.
However, regarding the informative value of fMRI examinations in acceleration injuries of the cervical spine, medical opinions differ. Various studies have shown that abnormalities in the alar ligaments (head joint ligaments) are often found in persons without whiplash trauma, which do not necessarily indicate a trauma. Furthermore, difficulties in the interpretation of fMRI findings, especially in the case of minor injuries, are pointed out.
The Federal Supreme Court therefore concludes…