National Insurance Institute Denies Benefits: Court Ruling Details
A technician sought to have his back and neck injuries recognized as work-related due to heavy lifting. The Labor Court rejected the claim, clarifying the requirements for the micro-trauma theory.
A self-employed technician, who claimed that his strenuous physical work caused back and neck impairments, petitioned the Labor Court to recognize his condition as a work-related injury under the micro-trauma theory. Although he described lifting and carrying air conditioners weighing between 40 and 90 kilograms, as well as washing machines and refrigerators, the lawsuit against the National Insurance Institute was rejected.
According to the lawsuit details published in "Bizportal," the plaintiff had been working in the electrical appliance, air conditioning, and refrigeration sector since 2007. He stated that his duties included lifting heavy equipment, carrying items, bending, and working on ladders, often for 10 to 12 hours a day, 6 days a week.
However, the court ruled that to establish a micro-trauma, one must prove a sequence of repetitive and identical or fundamentally similar movements over time. In this instance, it was determined that the technician's work involved a variety of changing tasks—including drilling, wiring, and installation—and therefore, the necessary factual basis was not established.
The court's decision also noted that the plaintiff failed to provide documents or objective evidence to support the scope of the installation work he cited. Furthermore, the volume of working hours and the frequency of specific actions were not sufficiently clarified. The panel rejected the lawsuit without an order for costs. The plaintiff has been granted the right to file an appeal with the National Labor Court within 30 days.
