La CSJN se pronunció sobre un accidente ‘in itinere’ haciendo lugar a la indemnización

En los autos «Basi, Lidia Josefa c/ Superior Gobierno de la Provincia de Córdoba s/ demandada», del 8 de septiembre de 2015, la Corte Suprema de Justicia de la Nación, por mayoría, dejó sin efecto una sentencia del Superior Tribunal de Justicia de la Provincia de Córdoba, que había confirmado la sentencia de la Sala Décima de la Cámara del Trabajo de esa jurisdicción local, rechazando el reclamo indemnizatorio de la apelante por las consecuencias sufridas en un accidente acaecido mientras se dirigía a su trabajo.

La apelante trabajaba como psicóloga dependiente del Ministerio de Salud y Seguridad Social de la provincia de Córdoba. La misma sufrió un accidente cuando, camino a su trabajo, cruzó la calle con el propósito de comprar pan para llevar a sus compañeros y a los niños que atendería, lo cual fue tomado como interrupción no justificada del itinerario por los Tribunales intervinientes.

La Corte entendió que el hecho ocurrió en el recorrido o trayecto normal y habitual entre el domicilio de la accionante y su lugar de trabajo sin que existiere un notorio desvío con un objetivo totalmente ajeno a la prestación de tareas. En tales condiciones concluyó que, el rigorismo extremo utilizado para discernir la aplicación de las reglas atinentes al instituto jurídico en cuestión –accidente in itinere-, no se compadece con el principio reparador que inspira el sistema de riesgos del trabajo.

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37 comentarios de “La CSJN se pronunció sobre un accidente ‘in itinere’ haciendo lugar a la indemnización

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