Jugement Kantonsgericht (VD - 2020/422)

Canton:	VD
Case number:	2020/422

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/422 vom 20.05.2020 (VD)

Date:	20.05.2020
Force of law:	-

Summary:	A teacher suffered an injury to his knee during a school trip. The professional association (n.________) refused recognition as an industrial accident. The teacher sued in federal court. The Federal Court ruled that the accident should be recognized as an industrial accident. The professional association must pay the teacher the costs of medical treatment and rehabilitation. More detailed summary: Teacher A. A.________ suffered an injury to his knee on September 1, 2017 during a school trip with his students. He fell while descending from a mountain and injured his patella in the process. A. A.________ applied to the professional association N.________ for the recognition of the accident as an industrial accident. The professional association rejected the application, since, in its opinion, the accident was not causally related to the professional activity of the teacher. A. A.________ sued in the Federal Court. He argued that the accident occurred during the performance of his professional activity as a teacher. He had accompanied his students on the school trip and was therefore also insured in this context. The Federal Court gave A. A.________ right. It established that the accident was causally related to the professional activity of the teacher. A. A.________ got injured while carrying out his professional activity as a teacher. The Federal Court has obliged the professional association N.________ to cover the costs of medical treatment and rehabilitation a. A.________. Explaination: The Federal Supreme Court has interpreted the concept of an accident at work in the sense of Swiss social insurance law. An accident at work is an accident that occurs during the performance of a professional activity and is causally related to this activity. In the present case, the teacher A. A.________ had been injured while carrying out his professional activity as a teacher. He had accompanied his students on a school trip and had therefore also been insured in this context. The Federal Court ruled that the accident had a causal connection with the professional activity of the teacher. A. A.________ got injured while carrying out his professional activity as a teacher. The professional association N.________ is therefore obliged to cover the costs of medical treatment and rehabilitation a. A.________.
Rule of Law:	Art. 1 UVG;Art. 100 BGG;Art. 4 SchKG;Art. 6 UVG;Art. 60 SchKG;
BGE reference::	-
Comment:	Schweizer, Eugster, Basler Kommentar Schweizerische Strafprozessordnung, Art. 398 StPO, 2014

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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