The Justice of San Luis ordered compensation to a worker who presented organic and psychological sequelae of “Burnout Syndrome”, or better known as “burnout syndrome” or “burnt head syndrome”, informed judicial sources.
The worker was 46 years old at the time of filing his claim and worked for More than 5 years in the human resources area of a company located in the town of Villa Mercedes, 100 kilometers from the provincial capital.
As a result of the medical expertise included in the file, he was diagnosed with a anxiety syndrome, with phobic components and somatizationssources explained.
In the WHO classification, Burnout has three dimensions: feelings of low energy or exhaustion; increased mental distance from work or negative or cynical feelings, including about work and feelings of inefficiency and lack of accomplishment.
As they indicated, in this case, for example, the medical report stated that the man “could not pass” in front of the companyjudicial sources reported.
In the lawsuit, the lawyers narrated that the man began to work in April 2011 as head of human resources and in the operational area of personnel control, where he had personnel under 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.
For employer issues worked under pressure, without training, hygiene and safety, in a hostile work environment.
The continuous stress of work led to a pre-infarction in 2015 and before, in mononucleosis, with Burnout after somatization through gastrointestinal ailmentswith an indication of rest from work plus psychological treatment, for which he remained away from work for six months.
In September of 2016 he was diagnosed with a consolidated partial and permanent disability of 30 percent.
As specified, certified evidence was incorporated into the case as proof of the care provided by the psychiatrist and the Anxiety disorder with phobic components and somatizations.
With all this evidence, Judge Cynthia Alcaraz Díaz was able to determine the “Adequate causal relationship between the tasks carried out by the plaintiff, implying the risky activity that became a disabling state of his health”.
In relation to the employer, the magistrate considered that he should have “created the conditions for carrying out the work so that it is carried out in such a way as to prevent and avoid damage to the physical and mental health of the worker.”
Finally, the judge decided to allow the sued for damages and ordered that the company and the workers’ compensation insurer pay compensation.
The judicial resolution was confirmed in the second instance by the Civil, Commercial, Mining and Labor Chamber No. 2, integrated on that occasion by Teresa de Lourdes Maletto and María Nazarena Chada.
