Schilling H
Unfallchirurgie. 1983 Apr;9(2):76-82.
A "single case" is presented and the question is asked if a BK (occupational disease) can be applied in case of a dystrophy of the knee joint. With respect to the technical conditions according to the BK2103 and the employee, this BK had to be rejected because no active concussion had to be presumed, but a passive, only transmitted concussion. Therefore it has to be investigated if article 551, paragraph 2 of the RVO (Insurance Ordinance of the German Reich) can be applied. In opposition to the Social Court, I had recommended to apply article 551, paragraph 2 of the RVO, because there was a causal connection with respect to responsibility between the professional activity and the injury to health.
本文呈现了一个“单一案例”,并提出了一个问题:膝关节营养不良的情况下是否可适用《职业病防治法》(BK)。根据BK2222103规定的技术条件以及该员工的情况,此BK申请必须被驳回,因为不应假定存在主动冲击,而只是被动的、仅传递性的冲击。因此,必须研究《德意志帝国保险条例》(RVO)第551条第2款是否适用。与社会法院的观点相反,我曾建议适用RVO第551条第2款,因为职业活动与健康损害之间在责任方面存在因果关系。