Roma, 22 luglio 2021 – Con sentenza n. 399 del 15 luglio 2021, il Tribunale di Bergamo ha riconosciuto la sussistenza di un nesso causale tra la patologia sviluppata da un lavoratore (condropatia bilaterale) e la mansione svolta, che l’INAIL invece negava.
In particolare, la vicenda riguarda il caso di un lavoratore che riferisce di avere svolto mansioni che comportavano la movimentazione manuale di carichi, nonché il mantenimento prolungato di posizioni accovacciate, deducendo di avere contratto, a causa dell’attività lavorativa, la suddetta malattia professionale e di aver inutilmente richiesto all’INAIL l’indennizzo.
È stata così promossa un’azione giudiziaria dinanzi al Tribunale di Bergamo. In tale sede il lavoratore è stato sottoposto a CTU Medico-Legale, il cui esito ha confermato la fondatezza della domanda evidenziando come il lavoratore negli anni abbia svolto attività lavorativa comportante una significativa esposizione a fattori di rischio da sovraccarico biomeccanico alle ginocchia.
Per tali ragioni il Giudice, concordando con quanto affermato nella consulenza tecnica d’ufficio, ricordando la natura degenerativa delle lesioni, la giovane età di insorgenza e la bilateralità delle stesse, ha confermato il giudizio circa la sussistenza di nesso eziologico con l’attività lavorativa effettuata, affermando il diritto del lavoratore alla erogazione dell’indennizzo di cui all’art. 13 d.lgs. 38/00 da parte dell’INAIL per menomazione complessiva del 17%.
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