2023-07-08 12:31:26
A refrigerator operator loaded cuts of meat of more than 100 kilos for 30 yearssuffered a disability and had to resort to justice because the ART did not recognize his disability.
The man began to feel discomfort following 20 years of work and had to make frequent medical consultations for low back pain. Finally, he was diagnosed with lumbosciatica, but disc disease and osteoarthritis were also detected.
The man reported his condition as a work accident and later expanded the complaint as an occupational disease. However, the risk insurer rejected the presentation stating that his illness was not related to work activity.
The medical commission ruled that there was insufficient grounds to prove that the worker’s ailments were caused by work. But the worker requested an expertise that determined a disability of 42.7%.
The First Labor Chamber of Bariloche took into account the medical certificates and expertise and condemned Swiss Medical to pay compensation for “definitive work disability”.
The ruling stated that “there is an obvious relationship between the physical exertion work carried out and the damage suffered to his health. Precisely, getting on and off a truck with excessive weight, as is typical of his task as a refrigerator delivery man, can only overtax the knees and spine”.
It was also stressed that work activities that involve lifting weights of more than 25 kilos, “with high load and frequency, add to the factors that causally affect the lumbosacral spine, cause osteoarthritis, meniscal pathology and knee ligament pathology”.
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