Borreliosis infection so far no occupational disease

BSG: Clinical symptoms must also be present
A single tick-borne Borreliosis bacterium infection does not justify its recognition as an occupational disease. In addition to an infection during an insured activity also typical disease symptoms must be added, judged on Tuesday, June 27, 2017, the Federal Social Court (BSG) in Kassel (Az .: B 2 U 17/15 R).

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Lyme borreliosis is caused by the bacterium Borrelia burgdorferi. The pathogens enter the body via a tick bite and can lead to fever, chronic joint pain, paralysis or persistent fatigue and weakness without early treatment with antibiotics.

In the now decided case, a forestry farmer from Bavaria had sued. The man ran his own, 4.28 hectares of wooded property. When he consulted his doctor in June 2008 about joint problems and cardiac arrhythmia, he attributed it to a tick bite suffered in May 2007. Apparently he had infected with Lyme disease pathogens. In fact, antibodies have been detected that make up the body's immune system to fight off the bacteria.

From the social insurance for agriculture, forestry and horticulture as agricultural professional association (BG) he wanted to have recognized the Lyme disease infection as an occupational disease.

The BG rejected the application. It lacks typical Lyme disease symptoms. The joint complaints were due to wear. The cardiac arrhythmias are not typical for Lyme disease. Although the forestry scientist had formed antibodies against the Lyme disease pathogens, this was only an indication that the man's immune defense successfully fended off the infection. A clinical picture does not exist.

The Bavarian State Social Court (LSG) also refused recognition as an occupational disease. However, the Munich judges found no evidence that the infection was sustained during the practice of the insured activity. In southern Germany, the ticks are so thoroughly contaminated with Borrelia that an infection in the forest can be assumed. But here it is still lacking on the typical clinical picture.

The BSG also saw no reason to assume an occupational disease. Just an infection with Lyme disease pathogens is not enough for the recognition as an occupational disease. It would also have the typical clinical symptoms. Only then could the necessary "full proof" for an occupational disease be provided.

However, the applicant had only a few antibodies indicating contact with ticks. His joint complaints were not due to a Lyme disease, the heart problems were not typical.

In addition, the Kassel judges emphasized that an occupational disease can only exist if it was suffered as a result of an insured activity. Whether the high prevalence of ticks with borreliosis pathogens in southern Germany is proof enough is doubtful.

Ultimately, however, this could be left out since the plaintiff does not have the typical clinical symptoms of Lyme disease. Recognition as an occupational disease is therefore not possible. fle / mwo