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Is it all work accidents?

Today I bring up the ruling of the Superior Court of Justice of Andalusia of May 28, 2014, in which it is declared that the stroke suffered by a worker at home is considered a work accident, with its consequences. As a fundamental fact, it must be taken into account that the stroke occurred to the plaintiff early Monday morning, having been resting since Friday in his country house. What link does the Court find between a stroke that occurred after two days of rest and work?
The answer is found in that our Social Security legislation does not close the possibility that certain diseases, of uncertain etiology, may be considered a work accident, in accordance with the provisions of article 115 of the General Law of the Social Security.
Now, when such diseases manifest outside the place and time of work, because the presumption established in the aforementioned article does not operate, it is necessary that the person suffering from the disease prove that there is a causal relationship between the harmful event that occurred and the work performed or, in other words, the injury suffered by the worker occurred as a result of the work activity carried out.
Here the Court opts for the worker and concludes that he was carrying out his work, subjected to a situation of significant tension with a high work rate, and also worried about the prospect of being named Commercial Director, according to a project that was handled in the company.
This situation generated a stress situation in the worker that can be defined as an adaptive strategy of the organism that puts the individual in a position to face abnormal situations through neuroendocrine modifications that can give rise to diseases and pathological anomalies, without it being possible to rule out that the stress is a direct cause of the stroke, especially in this case, since it was not clear from the proven facts of the sentence that he was affected by another pathology or suffered from another risk factor for stroke.
Thus, the causal relationship or direct link between work and the disease produced was understood to be accredited.
Without a doubt, a sentence to take into account as it marks a very important milestone in the consideration of work accidents for ailments such as the one analyzed, which is increasingly common in our society.

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