Expert opinion of occupational illness

Abstract

Since the enactment of the first Occupational Illness Ordinance (Berufs-Krankheiten-Verordnung, BKV) in 1925, not only the prevention of and compensation for workplace accidents but also the competence for recognizing specific occupational diseases has been imposed on the occupational association. Analogous to technological advancement, the BKV has taken into account new hazards with corresponding amplifications. Despite this system of listing specific diseases, it is necessary to perform an investigation of causality for each individual case, which can only be successful with reliable information about the recognizable illness and its differential diagnosis as well as about the legal guidelines for an examination of causality. The mitigation produced by the administration of justice with the theory of properly significant conditions and the comparatively minor requirements for evidence with respect to origin nevertheless do not resolve all of the problems in the practical application of occupational illness law. This uncertainty reoccurs in almost all of the so-called "surgical" occupational diseases (BK2101-2110). This is not difficult to recognize in the following descriptions and elucidations of the specific diseases. Recommendations for the practical rendering of an expert opinion are provided.