The San Luis justice ordered a worker to be compensated for having carried out activities that generated physical and psychological consequences of burnout syndrome. The judge pointed against the employer for not “creating the necessary conditions for carrying out the work so that it is fulfilled in such a way that it ise prevent and avoid damage to the physical and mental health of the worker”.
As a result of the medical expertise included in the file, an anxious syndrome was diagnosed, with phobic components and somatizations, sources explained.
The man, who was 46 years old at the time of filing the lawsuit, was diagnosed with burnout, better known as “burnt head syndrome” or “burnout syndrome” which in the WHO classification has three dimensions: feelings of lack of energy or exhaustion; increased mental distance from work or negative or cynical feelingsalso with regard to work and feeling of inefficiency and lack of accomplishment.
As indicated, in this case, for example, the medical report detailed that the man “could not pass” in front of the company, judicial sources reported.
The lawyers in the lawsuit narrated that the man began to work in April 2011 and worked for more than five years in a company in Villa Mercedes, 100 km from the provincial capital, as head of human resources and in the operational area of personnel control, where he had people in his charge.
Among them was a supervisor, a Hard analyst, a Soft analyst, a graduate in hygiene and safety and the environment, a hygiene and safety technician, a staff doctor and two nurses, the asset surveillance service, being in charge of the dining room , quartermaster and union negotiation difficult for being the only plant dedicated to the item.
Due to employer issues, he worked under pressure, without training, or hygiene and safety, in a hostile work environment.
The continuous stress of work led to a preinfarction in 2015 and before, in mononucleosis with arrival at Burnout after somatization through gastrointestinal ailments with an indication of rest from work plus psychological treatment, for which he remained away from work for six months.
In September 2016, he was diagnosed with a consolidated permanent partial disability of 30 percent.
As specified, the case included certified evidence that reported the care of the psychiatrist and the anxiety disorder with phobic components and somatization.
Judge Cynthia Alcaraz Díaz was able to determine with all this evidence that the “adequate causal relationship between the tasks carried out by the plaintiff, implying the risky activity that became a disabling state of his health”:
Finally, the judge decided to allow the lawsuit for damages and ordered that the company and the work risk insurer pay compensation to the employee.
The judicial resolution was confirmed in the second instance by the Commercial Civil Chamber of Mines and Labor No. 2, integrated at that time by the magistrates Teresa de Lourdes Maletto and María Nazarena Chada.