Consideration of Professional Activity Prior to January 1, 1984 in Determining the Existence of an Occupational Disease

Facts

The dispute opposes P. to ALPINA Insurance and the Insurance Tribunal of the Canton of Zurich. P. requests the recognition of his right shoulder condition as an occupational disease within the meaning of Art. 9 para. 2 of the AIA (AIA). The Cantonal Tribunal rejected his claim on the grounds that the disease did not develop exclusively or in a clearly predominant manner during the period when P. was voluntarily insured under the AIA that entered into force on January 1, 1984, but over a period of 24 years. The Federal Tribunal examines whether the professional activity carried out before January 1, 1984 must be taken into account to determine whether the disease was caused exclusively or in a clearly predominant manner by the professional activity.

Considerations

The Federal Tribunal considers that Art. 9 AIA does not contain any time limitation regarding the consideration of professional activity. Therefore, to assess the causal link between the professional activity and the health damage within the meaning of Art. 9 para. 2 AIA, the entire professional activity, including that carried out before January 1, 1984, must be taken into account.

Indeed, such a time limitation would not be justified, as it would make the recognition of occupational diseases within the meaning of Art. 9 para. 2 AIA practically impossible in most cases. Furthermore, this would be contrary to the objective of this provision, which aims to cover diseases caused by professional activity but not included in the list established by the Federal Council.

Finally, the fact of…