The occupational illness generated a permanent reduction in the employee's ability to carry out her daily activity. Disclosure/Seduc The court ordered the National Social Security Institute (INSS) to pay accident assistance to a teacher from Bambuí, in the Center-West of Minas Gerais, who developed a chronic problem with her vocal cords after years of working in the classroom. The decision of the 15th Civil Chamber of the Court of Justice of Minas Gerais (TJMG), released on Friday (17), pointed out that the occupational disease, considered equivalent to a work accident, permanently reduced the teacher's ability to carry out her professional activity. ? Click here to follow the g1 Centro-Oeste de Minas channel on WhatsApp According to the sentence, the teacher stated in the action that she has worked in the area since 1992 and that the excessive and repetitive use of her voice during her profession caused chronic dysphonia. ? Chronic dysphonia (persistent hoarseness) is the change in voice for more than 2 to 4 weeks. Faced with her injuries and the difficulty in continuing to teach, she filed a lawsuit against the INSS to request accident benefit benefits. In defense, the INSS stated that the teacher was not entitled to the benefit because, according to the agency, there was no proof of reduced work capacity for all activities.
Court orders INSS to pay aid to teacher who had voice problems in MG
The occupational illness generated a permanent reduction in the employee's ability to carry out her daily activity. Disclosure/Seduc The court ordered the National Social Security Institute (INSS) to pay accident...
Request was denied in the first instance In the first instance, the teacher's request was denied because she had been reassigned by the State of Minas Gerais to work in administrative functions in the school secretariat, after undergoing a functional adjustment. The teacher appealed the decision and stated that the judicial examination confirmed the existence of an occupational disease equivalent to a work accident and the reduction of her ability to teach. According to experts, to receive accident assistance, it is not necessary for the insured to be totally disabled or not to have been readapted. The law only requires that there be a reduction in the capacity for the activity that she normally carried out. READ ALSO: VIDEO: Thief tries to steal motorcycle, falls and flees on foot Man dies in explosion at fireworks factory Bar is closed due to lack of license and permit Decision When analyzing the case in the second instance, the rapporteur, judge Antônio Bispo, stated that the accident benefit is compensatory in nature and does not require total disability. According to him, it is enough to reduce the capacity for usual work. Judges Roberto Ribeiro de Paiva Júnior and Paulo Fernando Naves de Resende, in addition to the judges called Eduardo Veloso Lago and Paulo Gastão, followed the rapporteur's vote. The collegiate understood that the teacher's change to functions in the school secretariat did not remove the right to the benefit. According to the decision, readaptation confirmed the reduction in capacity, as it showed that she was unable to continue in the classroom. With the decision, the Court of Justice of Minas Gerais (TJMG) determined that the INSS pays the accident benefit from the day following the end of the sickness benefit, a benefit that the teacher had already received. The agency must also pay off late installments with interest and monetary correction. VIDEOS: see everything about the Center-West of Minas
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