Facts
The case concerns François Stocky, a farmer born in 1947, who completed his recruit school and seven refresher courses without incident until 1974. However, since September 1972, he suffered from lower back pain that required almost continuous physiotherapy treatment. In April 1975, he experienced a severe blockage of the spine and underwent surgery for a disc hernia. The military insurance covered the treatment and granted him benefits. However, in 1980, Stocky experienced new lower back pain and underwent another surgery for a recurrence of disc hernia.
The Federal Office of Military Insurance refused to cover the costs of the second operation, considering that the condition was pre-existing and had not been aggravated by military service. The Court of Justice of the Canton of Geneva annulled this decision and condemned the Federal Office of Military Insurance to pay benefits to Stocky.
Considerations
The Federal Insurance Court examined the liability of military insurance for the pre-existing condition. It considered that art. 5 para. 3 MilIA establishes a case of total liability of the Confederation for twelve months from discharge, if the existence of a pre-existing condition was established during the entrance medical examination and the insured was nevertheless declared fit for service.
The Court also examined the conditions of liability of military insurance according to art. 5 and 6 MilIA. It considered that the difference between the conditions of liability according to these articles lies in the fact that, in the first case, the existence of a causal link between the service and the…