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Avellino Court rules on medical inspection report validity
The Court of Avellino has issued a ruling clarifying the legal weight of medical inspection reports during sick leave. In sentence no. 1037, the court specified that a medical officer's report stating ‘no one answered’ at a residence does not automatically prove the worker was absent. While the report is a public document that holds weight unless challenged by a claim of falsehood, it only serves as proof of what the doctor personally witnessed.
To avoid complications during mandatory availability windows, the court emphasized that workers have a duty of diligence. This includes ensuring practical measures are in place, such as a functioning doorbell, a legible name on the intercom, and keeping a telephone nearby to facilitate contact with the inspector.
This ruling distinguishes between the physical act of a doctor being unable to gain entry and the legal conclusion of a worker's absence, allowing employees to prove their presence through other means.
Entities
INPS · Tribunale di Avellino · Tribunale di Santa Maria Capua Vetere