well I have forwarded all your moral lessons to my friend
on the actual advice/practical end we have talked to the krankenkasse ombudsman who thought also that if the complications take a severe form it becomes an illness in its own right and should be covered.
the next step he said was prompting SWICA in writing for a Bericht or Stellungsnahme. It appears that the reason the employer booked all of July as unpaid leave is that the Krankenkasse never concluded (or finished?) their investigation. As they conducted that between 5-15th July and nothing heard until now (a month) we should prompt them to take stand.
thanks everyone but this thread can be closed or deleted.