A man born in 1961 had worked as a car mechanic since 1977. At 38, he was diagnosed with bladder carcinoma, in which the average age of onset in men is 70 years. From 1964 to 1994, lead was added to petrol and red to Sudan for identification. The aromatic amine o-toluidine, which is carcinogenic, is released from the latter. The employer's liability insurance association refused recognition on the grounds that it could not be proven that the probability of developing the disease was increased by at least 50%.
However, the LSG Hessen recognized an occupational disease (ruling from July 2.7.2019, 3 - L 48 U 13/9). Occupational diseases acc. Section 1 (1) sentence 1301 SGB VII are diseases that have been included in a list by the Federal Government by means of a statutory ordinance. With a few exceptions, diseases are not assigned to occupational profiles in this list, but diseases of exposure to certain harmful influences, such as chemicals. No. 1994 states: "Changes in the mucous membrane, cancer and other new forms of the urinary tract due to aromatic amines". The difficulty lies in determining whether exposure has taken place in the past, mostly long ago. In the present case, aromatic amines were only contained in gasoline until 25, the disease only broke out four years after the end of the exposure, and the court ruled XNUMX years after the end of the exposure.
In such a constellation, it is also difficult to prove the causality between exposure and illness. The insured comes to the aid of Section 9 (3) SGB VII, because it receives a presumption rule for the listed diseases. It is crucial here that, based on the current state of medical knowledge, the hazardous substance is generally suitable for causing a malignant urinary tract disease in humans. This applies at least if there is no evidence of a cause outside of the insured activity. In this respect, the judgment expressly mentioned that the plaintiff was a non-smoker.
In addition to extensive expert opinions, early legal advice is crucial in the complex procedure for the recognition of occupational diseases.