2023-05-20 11:24:18
In 2021 a employee of the fruit contracted covid while He worked in a Cipolletti packing shed. The man was hospitalized for a month, finally died in August. The medical commission recognized the virus as an unlisted occupational disease, but the woman never received the benefits and had to start a lawsuit.
On June 25, 2021, a Cipolletti man contracted Covid while doing tasks in the shed, he began to cough and was immediately referred to a health center. The test gave a positive result and he remained hospitalized until the day of his death, in August of that year.
A ruling by the Cipolletti Labor Chamber condemned to the Occupational Risk Insurer (ART) Expert SA to pay a woman compensation for the death of her husband due to an occupational disease.
The court held that the Necessity and Urgency Decree of April 2020 provided that the Covid-19 disease caused by the Coronavirus will presumptively be considered an unlisted occupational disease with respect to workers considered essential. In any case, the widow was never compensated until she started the lawsuit.
During the trial, the woman proved that her husband met that condition and that he was exempt from serving isolation to work in the postseason. The man was 53 years old and had a seniority of 32 years. At trial, the widow considered that her husband was “highly exposed” since many workers had previously contracted the virus in the same place.
In the response to the lawsuit, the ART raised the difference between the health status of Social, Preventive and Mandatory Isolation (Aspo) and Social, Preventive and Mandatory Distancing (Dispo). He argued that in the period in which the worker was infected, the province of Río Negro was in the Dispo state and that circumstance, according to his argument, exempted them from complying with the scope of the decree.
The Labor Chamber did not accept the proposal and ordered the ART to compensate the widow. To calculate the amount, the mathematical formula of the jurisprudence that combines the age of the worker at the time of his death, an average of his wages and the labor projection, in this case 65 years, was used.
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