Mendoza Supreme Court orders compensation for Hospital Notti nurse

The Supreme Court of Justice of Mendoza has ordered the payment of compensation to a nurse at Hospital Notti, nullifying previous administrative resolutions that had denied her the claim.

The dispute involves a healthcare professional with over three decades of service who was diagnosed with a serious oncological pathology in 2020. In 2022, the Medical Commission No. 4 of the Superintendency of Occupational Risks (SRT) determined she suffered a 70% work incapacity. Due to her condition, she resigned in late 2022 to seek disability retirement and requested the corresponding incapacity compensation.

While the hospital's own liquidation department had initially authorized the payment, the State Attorney's Office and hospital authorities blocked the process. They argued that the medical ruling granted a “transitory retirement due to disability” under national law, rather than the “definitive or permanent” status required by provincial regulations.

In a 2-1 vote, Ministers Mario Adaro and Omar Palermo ruled against the hospital, describing its stance as “contradictory,” “arbitrary,” and characterized by unreasonable “formal rigorism.”