Company will have to indemnify employee who was 75% unable to work

She will receive R $ 40 thousand indemnity of Envision Industry Electronic Products Ltd..
17/07/2017 10h23 - Updated 17/07/2017 13h50
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An employee of the Envision Industry Electronic Products Ltd.. with occupational diseases that have left 75% unable to work will receive $ 40 thousand of compensation for moral and material damages, as unanimous decision of the Second Chamber of the Regional Labor Court of the 11th Region – AM/RR (TRT11).

The Panel of Judges followed the vote of the judge rapporteur Lairto José Veloso, partially granted the plaintiff's application to increase to R $ 20 thou indemnity amount for damages and grant R $ 20 thousand of compensation for material damage, based on medical expertise according to which working conditions to which the employee was subject triggered and aggravated her condition.

At the trial session, the rapporteur explained that the discussion on appeal did not question the nature of occupational diseases diagnosed (bursitis and tendinopathy shoulders, epicondylitis in the elbows, Carpal tunnel syndrome in the wrists, disc herniation in the cervical spine and left knee condromolácia), all proven to work-related, but only repair that the author would be entitled. “The expert evidence given by the original judgment, as seen, concluded the causal link (shoulders and wrists) and concausal (worsening of clinical symptoms of diseases on elbows, cervical spine and left knee) among the conditions presented by the author and the work performed in the claimed”, he explained.

After thorough analysis of the report, the rapporteur highlighted passages in which the official expert said that the complaining, currently with 46 years old, It has limited capacity to perform physical exertion, manually loading and lifting, perform movements and repetitive motion with their arms, concluding that the failure reaches the percentage of 75% for the upper body. Besides that, he stressed the completion of the orthopedic doctor that there would be no cure for the disease aggravated by service, due to the degenerative nature, but only control through physiotherapy sessions.

In this context, the judge pointed out that the emergence of pathology linked to the provision of service or even the aggravation of some pre-existing condition, depending on the working environment, It is the responsibility of the employer field. Emphasizing the company's obligation to take preventive measures on health and safety in the workplace in accordance with Article 157 CLT, he said, in this case, no evidence was produced in the record to show that the defendant would have been diligent about such an undertaking.

“Therefore, characterized causation and diseases concausalidade between the author and the work developed by it, as well as the defendant's fault, there is no doubt that the damage remains evident”, He argued in his vote, manifesting the reform of the trial of origin to increase the compensation for moral damages and also recognize the responsibility of the defendant for the payment of compensation for property damage, considering that the author had his capacity for work reduced 75%.

By fixing the indemnity values, the rapporteur considered partially disabled, The limitations described in the report, service time, and the principles of reasonableness and proportionality to increase to R $ 20 thou moral damage and fix, in equal value, compensation for property damage.
Still subject to appeal against the decision of the Second Panel.

Controversy origin

In April 2016, labor action filed author requesting the payment of R $ 513.766,18 the compensation for moral and material damages from diseases of the upper limbs, cervical spine and left knee that would be related to their professional activities.

According to the application, she was hired in September 1999 by Philips company Amazon Electronics Industry Ltd.. to exert the production operator function, transferred to TP Vision Electronics Ltd.. in April 2012 and again transferred to the Envision Industry Electronic Products Ltd.. in September 2013, company with which still retains the employment relationship.

The complainant claimed that, over employment contract, fulfilled day from Monday to Saturday, from 7am to 17h24 with an hour break, by salary of $ 1.137,96 and that, on account of the activities performed, with poor posture, long hours, Greetings goals, physical effort, repetitive movements have begun to feel, no end of 2002, severe pain and swelling in the shoulder, handles, elbows, left knee and column, hindering the delivery of service. To prove their claims, she joined examinations and medical reports, and said periods of clearance by the code pension 91 (Accident-Aid).

Due to the nature of the dispute, the substitute judge Vitor Graciano de Souza Maffia, the 19th of Manaus Labor Court, determined performing medical expertise, noting the existence of links of cause and concausa.

Based on expert opinion, the magistrate dismissed the claims in part and ordered the company to pay compensation for moral damages equivalent to four times the compensation the author, R $ 4.551,84.

Source: portal.trt11.jus.br


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