THE COURT OF LATINA HAS CONDEMNED INAIL TO RECOGNIZE THE OCCUPATIONAL ILLNESS OF ENRICO ARMENI. THE 78-YEAR-OLD MAN, FROM LATINA, WAS EXPOSED TO ASBESTOS DURING HIS EMPLOYMENT AT THE POSILLIPO SPA CANTIERI, IN “PORTO DEL BUFALO” IN SABAUDIA (LT). THE INSTITUTE HAD DENIED CERTIFICATION TO THE WORKER SUFFERING FROM AN ASBESTO-RELATED DISEASE
«This case shows that it is possible to obtain justice, but also how essential it is to continue fighting for the recognition of occupational diseases linked to asbestos». Thus the lawyer. Ezio Bonanniwhich represents and defends Enrico Armeni.
Bonanni highlighted how this sentence represents a victory not only for Armeni, but also for all those workers who, like him, have been exposed to dangerous substances during their careers and have suffered the denial of their rights.
Armeni served at the Cantieri Posillipo Spa company, in Sabaudia (LT), Porto del Bufalo, from 1966 to 1983. The man specified that he was initially employed as a direct maintenance worker. Later, qualified as a technical employee and finally promoted to maintenance service manager. However, despite the change in qualification and career advancement, he continued to carry out all maintenance activities himself.
The witnesses
Witnesses confirmed that Armeni carried out maintenance activities on the boats and machinery of the shipyard. He specifically he dealt with the asbestos insulation of mechanical components.
Even when he was promoted to maintenance manager, Armeni continued to intervene directly and cooperate with the workers, rather than simply giving orders or supervising operations. The tests also confirmed the state of the working environment conditions.
According to what emerged from the analyzes of the official technical consultant, the CTU established that, due to the “ascertained pleural thickenings, the nature of a listed occupational disease must be recognized and as such compensable within INAIL as better specified in the paragraph “Medico-legal considerations” of this expert report”.
The Court: INAIL must issue the certification
The court, after having ascertained the professional nature of the reported pathology, recognized by the CTU as “initial pleural thickenings”, stated that INAIL must issue the certification foreseen byart. 13, paragraph 7, of law no. 257 of 1992to be presented to INPS for contribution credit.
Also, the judge Valentina Avarello established that bilateral pleural thickenings, detected by lung CT, should be considered a registered occupational diseasethus establishing Armeni’s right to receive compensation from INAIL.
The organization had previously rejected Armeni’s request, forcing the worker to take legal action before the Pontino Court, assisted by the lawyer Ezio Bonannipresident ofNational Asbestos Observatory.
Recognition of occupational disease is a fundamental step
«We cannot allow those who have been exposed to asbestos, a lethal fibre, to be abandoned. The recognition of occupational disease is a fundamental step to guarantee justice for workers”commented Bonanni.