Acórdão nº 9810959 de Court of Appeal of Porto (Portugal), 03 de Dezembro de 1998
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 03 de Dezembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR TRAB - ACID TRAB.
Legislação Nacional: L 2127 DE 1965/08/03 BASEV N1 N4 BASEXXXVIII N1 BASEXLI. D 360/71 DE 1971/08/21 ART12 N1.
Sumário: I - O conceito legal de acidente de trabalho integra um elemento temporal ( tempo de trabalho ), um elemento espacial ( local de trabalho ) e dois elementos causais ( nexo de causalidade entre o acidente e as lesões e nexo entre estas e a morte ou a redução na capacidade de ganho ou de trabalho ). II - Segundo a regra geral, caberia ao sinistrado ( ou aos beneficiários ) o ónus de provar todos os elementos que delimitam o acidente de trabalho ( n.1 do artigo 343 do Código Civil ). III - Todavia, a lei estabelece duas presunções a seu favor, uma consignada no n.4 da Base V da Lei n.2127 e outra no n.1 do artigo 12 do Decreto n.360/71, de 21 de Agosto, embora muitas vezes sejam tratadas na jurisprudência como se fossem uma só presunção. IV - Segundo o n.4 da Base V, a lesão, perturbação ou doença que for reconhecida logo a seguir a um acidente presume-se que é consequência deste, o que significa que o sinistrado fica dispensado de provar o nexo de causalidade entre o acidente e as lesões, mas não de provar o acidente em si. V - Por sua vez...
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