União Química Farmacêutica Nacional S.A., from Brasília, sought the annulment of the decision that recognized employment stability due to a work-related accident for an employee who allegedly omitted a prior injury and used a “new occurrence” to receive the benefit. However, the company failed to obtain the annulment, since the Sub-section II Specialized in Individual Dissents (SDI-2) of the Superior Labor Court (TST) ruled that there was no cause-and-effect relationship between the employee's omission and the judgment in their favor.
In the labor lawsuit filed by the employee, it was alleged that he suffered a work-related accident on March 24, 2010, resulting from a fall that caused a fracture in a finger and the wrist of his right hand. The employee underwent surgery and subsequently presented a medical certificate to the company, which, as he reported, besides ignoring the leave, kept him performing heavy work duties.
On the other hand, the company claimed that the employee omitted medical care at a hospital in Brasília, prior to the date of the accident at the company, for the treatment of an injury precisely to the right hand. In the first instance, the court accepted the company's arguments that the accident had no connection with the services provided by the employee.
However, the decision was overturned by the Regional Labor Court of the 10th Region (DF/TO), which, although recognizing bad-faith litigation due to the omission, noted that the fall did indeed occur at the workplace, which caused the injury to the employee's hand.
SOURCE:
CIPA Magazine
