Overview

• The Landessozialgericht Berlin-Brandenburg on May 27 upheld a lower court’s decision rejecting a Brandenburger project manager’s claim for an occupational accident designation
• The plaintiff became ill after attending a two-hour April 2021 meeting with colleagues who later tested positive and spent two weeks in hospital
• Judges held that a higher risk of exposure in the office does not satisfy the burden of proof required to label a Covid-19 case an occupational accident
• The Berufsgenossenschaft initially denied coverage for medical treatment and compensation and the court confirmed it has no obligation to pay
• The nonbinding verdict can be appealed to the Federal Social Court and aligns with prior rulings in similar workplace infection cases