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Brazilië: NOKIA should pay R $ 250.000 to cell-tower worker who had rare cancer
1 Febr. 2015
The Seventh Chamber of the Paraná Regional Labor Court (TRT-PR) determined payment of compensation to a Curitiba technician who worked for fifteen years in the maintenance of telephone towers and developed a rare type of bone cancer. The antennas were not turned off during the execution of the service.
The company Nokia Solutions and Networks in Brazil Telecommunications Ltd., formerly Siemens SA, will pay $ 250,000 in damages plus annuity corresponding to 50% of final salary. The decision can still be appealed.
The coach was admitted by the company in August 1986 and for over 15 years conducted testing services, repairs and installations in the signal transmission towers of the company. In 2002, a tumor was found in the worker's right thigh, which was diagnosed with chondrosarcoma, a rare type of bone cancer. He underwent several surgeries, but ended retired due to disability, age 37. Three other co-workers developed the same type of cancer and died aged 28, 39 and 45 years.
The technical filed a lawsuit against the company at the 15th Curitiba Court claiming that their health problems could have been caused by direct contact with the electromagnetic waves radiated by phone towers.
In the opinion of the judge of first instance was not in the record sufficient evidence to establish a causal link between the type of work and the disease, since cancer can have
multiple causes, such as diet and medications, among other factors.
The worker appealed, arguing that the International Agency for Research on Cancer (IARC), linked to the World Health Organization classifies exposure to electromagnetic fields as possibly carcinogenic to humans.
In their analysis, the judges gave the Seventh Class reason the employee, noting that an expert report presented information from the medical literature linking electromagnetic radiation with cellular and genetic phenomena that promote cancer. They also understood that the company was wrong to omit as the prevention and monitoring of risks, in addition to not have done exposure control of radiation worker.
''Considering the fact or evidence together, it considers that the work activities developed by the author contributed to the development of their disease (concausa), leaving configured concausalidade link. Resta set the guilt of the defendant, given that not arranged for the work to be developed without risk to the health of your employee ''it said judgment which ordered the company to pay a lifetime monthly pension plus punitive damages.
Click HERE to access the full judgment.
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