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LSG Erfurt: The place and time of the blood sucking attack must be clear
In the event of a tick bite, workers must be able to determine the location and time of the blood sucking attack so that an accident at work can be recognized. If the tick can have selected its victim in their free time, recognition as an accident at work is not possible, the Thuringian State Social Court (LSG) in Erfurt decided in a judgment published on Tuesday, August 29, 2017 (file number: L 1 U 150 / 17).
Specifically, it was a salaried primary school teacher who had to keep watch until 2 p.m. during a sports festival. In the evening, she noticed a tick bite while showering. She wanted this to be recognized as an accident at work.
Because the small bloodsucker can not only transmit the viruses responsible for meningitis, the so-called early summer meningoencephalitis. So-called borreliosis bacteria can also get into humans with the tick bite and lead to numerous symptoms such as fever, heart problems or inflammation of the joints in the late stage of borreliosis.
Before the LSG, however, the teacher had no success. In the case of a tick bite, recognition as an accident at work is not excluded. But the "full proof" must be provided that the tick bite took place during the work. This could not be determined here, according to the Erfurt judge in her judgment of August 9, 2017.
The applicant had only supervised until 2 p.m. She only noticed the tick bite when taking a shower in the evening. This could therefore have happened in their free time. Recognition as an accident at work is therefore ruled out.
Similarly, the Higher Administrative Court (OVG) of North Rhine-Westphalia had already ruled on July 19, 2017 (ref .: 3 A 2748/15; JurAgentur report from the judgment day). A policeman had discovered a tick at the end of the shift. He attributed the tick bite to a four-day mission in which he had to walk in the undergrowth on the roadside due to a car accident. For the recognition as an official accident, the official could not prove that he had suffered the tick bite during his service, according to the OVG Münster. fle / mwo