News Detail

DECLARED INADMISSIBLE CLAIM FOR RECOVERY OF COMPENSATION AND MORAL DAMAGES EVEN IF THE TRANSACTION WAS NOT HOMOLOGATED

On February 20th, 2013, the Social Chamber of the Supreme Court, in a decision issued by Magistrate Luis Franceschi Gutierrez, in the case involving MARÍA NELLY HENAO LÓPEZ vs. COMPAÑÍA ANÓNIMA NACIONAL TELÉFONOS DE VENEZUELA (C.A.N.T.V.), it was determined that the labor agreement signed by the Labor Officer was not in the file, as foreseen by the Regulation of the Organic Labour Act.

However, since the object of the dispute lies in the payment of compensation for occupational disease under Article 130 of the Organic Law of Prevention, Conditions and Environment (LOPCYMAT), and moral damage under Article 1196 of the Civil Code, the latter declared sustained by the Appeal Judge, the Social Chamber noted that this concept is included in the agreement signed by the parties, for which, even though the homologation of the agreement is not in the file, it does not prevent the Appeal Judge to unnoticed the payment made by the defendant due to "additional and special compensation", which definitely represents the payment of any damages in which the company would have incurred due to out-of-contract civil liability, in this case, moral damage.

In this order of ideas, even when it was proved the existence of damage, since the disease suffered is considered as an occupational disease "aggravated due to work", which resulted in a partial and permanent disability for work, therefore, based on the professional risk theory, is applicable the payment of a compensation for moral damages, regardless the guilt of the employer in the occurrence of the damage; however, since the worker under the agreement received a payment for concept of "additional and special compensation", which definitely represents the payment of any damages in which the company would have incurred due to out-of-contract civil liability, in this case, moral damage, said concept is declared denied.

You can access the full content of the judgment referred to in the following link:

http://www.tsj.gov.ve/decisiones/scs/Febrero/0014-20213-2013-11-503.html