DNU 367/2020 – Scope of responsibility for ART in cases of COVID-19 disease

We inform that the day 14/04/2020 Decree of Necessity and Urgency No. 367/2020, referring to COVID-19 and ART, where in general terms the following is provided:

  • The COVID-19 disease will presumptively be considered an occupational disease -not listed-, with respect to dependent workers who - in order to carry out activities declared essential- are excluded from compliance with social isolation, preventive and mandatory, and while the isolation measure provided from the Decree is in force 297/20 and its complementary rules or possible extensions.

Is so, although COVID-19 is not on the list of occupational diseases, by decree, if it incorporates temporarily, to the extent that the causal relationship with the work of the dependent worker is proven.

  • However, This regulation makes a differentiation with respect to health workers, given that, for that group, establishes that COVID-19 will be considered to be directly and immediately causally related to the work carried out, unless it is shown, in the specific case, the lack of relationship with their work.

In this case, the health worker, unlike the rest of the workers, you must not prove causation with your work, but it is already presumed.

In addition, the decree also provides that the presumptions of the points 1) Y 2) will govern for the specific case of health workers until the 60 days after the end of the term of the declaration of the extension of public emergency in health matters made in the Decree 260/20 and its extensions.

  • On the other hand, it is established that the ART may not reject the coverage of the contingencies foreseen in point 1) of the present and must adopt the necessary precautions so that, upon learning of the complaint of labor misfortune accompanied by the corresponding diagnosis confirmed by a duly authorized entity, the injured worker receives, immediately, the benefits provided for in the Labor Risks Law and its amending and complementary regulations.
  • The definitive determination of the professional nature of the aforementioned pathology will remain, in each case, in charge of the CENTRAL MEDICAL COMMISSION (C.M.C.), which you will originally understand for the purposes of:
  • Confirm the presumption attributed in point 1) of the present;
  • Proceed to establish the essential and necessary relationship of direct and immediate causality of the reported illness with the work carried out in the aforementioned context of dispensation from the duty of social isolation, preventive and mandatory, in the terms specified in point 1).
  • Reverse the burden of proof of the causal relationship in favor of the worker when the existence of a relevant number of people infected by the COVID-19 disease in activities carried out in the aforementioned context is verified, and in a specific establishment where they have closeness or possible contact, or when other revealing facts are demonstrated of the certain probability that the contagion has been on the occasion of the fulfillment of the tasks carried out in the framework referred to in point 1) of the present.

The action of the CMC will be according to a special procedure that is pending regulation by the Superintendency of Labor Risks..

  • It should be noted that the provisions of this decree will apply to those contingencies whose first disabling manifestation has occurred after the entry into force of Decree No. 297 Of date 19 March 2020.
  • Finally, the DNU establishes that, until 60 days after the end of the preventive and compulsory social isolation, funding for COVID-19 coverage will be imputed 100% to the Trust Fund for Occupational Diseases.

As final comments, we highlight the following:

  • This DNU does not apply to dependent workers who are working remotely because they are included in social isolation., preventive and mandatory.
  • In the event that a worker included within social isolation, price quotation, compulsory contracting the COVID-19 disease, the employer must grant sick leave under the terms of art. 208 of the LCT.

We remain at your disposal.
Greetings.

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