TSJ Catalonia, Room of the Social thing, Sentences 19 March 2018
Newspaper the Law, Number 9362, Section Review of Sentences, 20 of February of 2019, Publishing Wolters Kluwer
The fading happened in the work place, but not in working time or realising some related activity. It is not possible either to be described in itinere as accident.
The worker, of profession conductive and begun his day of work to the 12,00 hours, acceded to the facilities on the 9,30 hours in his particular vehicle, and being parked in the car park of the company, he underwent a fading. It was transferred to the hospital and it passed away as a result of an infarct.
When infarcts one is, for the purposes of its qualification as industrial accident, one of the factors fundamental to consider is the temporary factor. Factor that in the case, the Court understands that he does not concur to the salary appeared the first symptoms of the infarct two hours before the home of the workday.
The casuistry is much on the events of this type but the Supreme one comes maintaining that only can be described as industrial accident those cases in which the worker or is in his job, having begun some type as activity or effort - physical or intellectual. Thus for example, the qualification as industrial accident is rejected when the infarct occurs in clothes of the company changing the clothes worker before getting up itself to the job, or when it happens in clothes but already finalized the workday.
The inspector yes gave to the reason to the widow and children soliciing the increase of the widow's pensions and orphanhood because although occurred two hours before formally entering to work, the fellow workers related that he was habitual that the drivers of vehicles went in advance to the work center to verify the conditions of the vehicle or the load that was going to transport.
But now the TSJ has considered exactly the opposite. For the magistrates, yes one of the elements concurs so that the presumption of laboralidad of the accident acts: the work place. Indeed the driver was in the car park of the company. But the other element, the factor does not occur time. Still its day had not begun and it was not realising any physical or mental activity related to the work, which takes to affirm that the triggering factor of the infarct was not the work, nor was a factor helping, and therefore sufficient for its production.
By temporary equals reasons, they understand that either it cannot be the death described as industrial accident in itinere, because the assimilation to industrial accident of the passage accident limits the accidents in strict sense (sudden and violent injuries produced by external agent) and not to the ailments or morbid processes of different aetiology.
The Court considers the resource interposed by the Loan and revoking the instance sentence he declares that the death because of an infarct whose primeas manifestations happen in the facilities of the company, but hours before begins the work day, cannot be described as industrial accident.
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