a policewoman He suffered an injury after breaking up a fight in a bowling alley in Viedmafiled a lawsuit for the consequences and the Court ordered ART to be compensated for more than two million pesos.
Two years ago, one summer morning, the Dada club in Viedma was packed, it was just after 5 in the morning and the first young people were starting to leave. a policewoman He was covering the outside of the dance venue when a fight broke out between several people.
By trying to separate and disperse people, someone pushed her and she fell forwardso he violently impacted with his knees on the ground.
As a result of the accident She was transferred to the Viedma Clinic, where he received the first care and x-rays of both knees were performed. These studies determined that she had a fissure in the patellar crest.
He had to undergo 30 physiokinesiotherapy sessionsthey discharged him, but he continued to have severe pain and had difficulty moving.
The police worker initiated a file and the Medical Commission ruled that “therapeutic resources had not been exhausted” and that she should “continue receiving benefits.” However, A few days later she was evaluated again and the ART discharged her.
Finally Medical Commission No. 18 concluded that there were no sequelae generating work incapacity.
The demand and the failure
In his claim before the Labor Court, The police questioned this opinion as biased, inconsistent and unfounded, and for understanding that no general or particular evaluation was made of the consequences suffered in the affected leg. A technical consultant provided by the worker determined that he was disabled due to chronic synovitis.
In the court file, the insurer said that “the corresponding medical benefits were provided.” through specialists in orthopedics and traumatology and, once the existence of injuries that required surgical treatment was ruled out, kinesiology sessions were provided that were carried out successfully until full functional recovery of the affected joint was achieved, with which the “The worker returned to her normal and habitual duties.”
So, concluded that the woman “does not suffer disabling consequences derived from the reported incident.
However, A specialist carried out a medical examination. He assured that “according to what was reported by the plaintiff, the attached documentation and the physical examination performed and relating the above with the bibliography consulted, it can be concluded that she suffered trauma to both knees when falling from her own height, which generated a chondral fissure in the patellar crest with mild subchondral bone edema in the right knee.
With the analysis of the evidence, The Labor Chamber ordered the occupational risk insurer to pay compensation of just over two million pesos due to the consequences of the work accident.
