Moved Permanently

One is to explain if industrial accident is considered the death of a carrier worker while it was resting, after serving that had entailed a displacement. The Supreme one concluded that no, because, in addition, the suffered injury did not have relation with the type of labor activity.

The worker and another companion moved to transport a furniture. Later, they went to a hotel establishment, where they had dinner and they retired at night to its rooms on the eleven. To the following morning, it was found dead. The autopsy established that the cause was an encephalic hemorrhage on the three of the dawn.

The first sentence rejected to describe the death like industrial accident because, against the argumentation about which it was an accident “in mission” - that is to have the same treatment that the happened one in the place and the working time, understood that the worker realized his habitual activity as conductor of a transport company and some did not notice connection that not outside merely circumstantial between that activity and the form in which the death took place; because the death took place hours after finished the day, “not consisting that the decision to rest in the population in they did which it had to orders and instructions of the company”.

The Supreme Court examines in first term the notion of accident in mission like a specific modality of industrial accident, in which a displacement of the worker takes place to realize an activity entrusted by the company. The Integra mission two elements connected with the benefit of services of the worker: the displacement accomplish a mission and the accomplishment of the work of which this one consists. The protection of the displacement in itinere presents/displays certain similarity with the one of the accident - the one that takes place when going or returning the work, because it is protected because it can be determining of the injury.

However, everything what happens during the mission does not have a necessary connection with the work, when is not properly displacement, nor either accomplishment of the labor activity. Thus, some sentences denied the consideration of industrial accident to the death by infarct of workers in mission when they took place while they rested without no circumstance consisted that demonstrated relation between the work carried out and the cardiac injury.

On the other hand, in the examined case the injury has taken place during the time of rest that, by exigencies of the type of work, happens outside the normal private scope of the worker, but who is not confused with time of work in any of his meanings.

By everything, the court concludes that the criterion cannot be considered correct of which during all the mission, the worker is in the time and the place of the work, although is periods other people's to the benefit of services, rest or activities of personal or deprived character.

It connects to Sentencia Completes

(The extracted News of Expansion)