Liability of Military Insurance for Late Consequences of a Condition Occurring during Service

Facts

The case concerns a soldier, X, who suffered a fracture of the right hand and problems with the right foot during his military service in 1976. After his service, he underwent an operation to correct a deformity of the right foot. The question is whether the military insurance is liable for the costs of the operation and the late consequences of the condition.

The key facts are as follows: X was admitted to the hospital for a bladder infection and a distortion of the right foot in February 1976. He then suffered a fracture of the right hand and was released from his service. In August 1977, he received treatment for a slight distortion of the right foot. In January 1981, he underwent an operation to correct a deformity of the right foot.

The Militärversicherung rejected X's claim, arguing that the operation was not related to his military service. The cantonal court confirmed this decision, and X appealed to the Federal Court.

Considerations

The Federal Court examined the question of the liability of military insurance for late consequences of a condition occurring during service. It recalled that military insurance is liable if a natural and adequate causal link exists between the relapse or late consequences and the condition that appeared during service.

The Federal Court also examined the question of the burden of proof and recalled that the burden of proof lies with the insured. It also recalled that the preponderance of probability is the criterion for determining the existence of a natural causal link.

In this case, the Federal Court found that X's…