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Verdict: Bite on a shot in the deer goulash was an accident at work

Verdict: Bite on a shot in the deer goulash was an accident at work


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VGH Munich: Police Christmas dinner was an official event
Munich (jur). If a police officer bites a shotgun ball in her deer goulash during a Christmas party, this can be an accident at work. As a consequence, the employer has to pay for the treatment of chipped teeth if dinner was part of the program of the official event, the Bavarian Administrative Court (VGH) decided in a decision published on Saturday, April 1, 2017 (file number: 3 ZB 14.1976) .

Specifically, it was about a police chief who indulged in a deer goulash at a Christmas party on December 13, 2013. The "a la carte" ordered food was tough. Because the officer bit on a shot ball still contained in the goulash. She suffered splinters on three teeth. Your dentist charged the tooth repair with 520.56 euros.

The police officer said that it was an accident at work and that the employer had to pay for the damage.

The latter refused to be recognized as an accident at work. Eating the venison goulash was part of the private part of the Christmas party. The food intake is an "own economic activity" and is no longer to be assigned to the official events.

The Munich Administrative Court contested this in the first instance. Here there was an official accident with the bite on the shotgun ball. The administrative court did not allow the appeal.

In its decision of March 3, 2017, the VGH rejected the application for admission of the appeal. Recognition as an accident at work presupposes “an external event that is sudden, can be determined in terms of location and time and causes bodily harm that occurred during exercise or as a result of the service”, the court said. The service also includes attending official events such as a company outing or a Christmas party at the office.

Here, the head of the agency explicitly viewed the Christmas party as a business event, since this was intended to promote the attachment of the officials. Dinner was also part of the program and thus part of this event. This does not change that the policewoman could choose the food "a la carte" and had to pay for it herself. A Christmas party does not become a private event because the employer or the staff council do not cover all the costs.

The Administrative Court rightly referred to the connection between service and the purpose of the service - promoting the working atmosphere - and food intake, the VGH emphasized. The applicant was practically forced to eat the food in order to take part in the Christmas party. She was unable to determine the location or the circumstances surrounding the food. fle / mwo

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Video: St. Louis officer shot, 2 officers injured after man opens fire with sawed-off shotgun (July 2022).


Comments:

  1. Halsig

    You are not right. We will discuss.

  2. Priapus

    even so

  3. Tokasa

    KLOVO)))))))



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