16. Condițiile antrenării răspunderii patrimoniale a angajatorului. Fapta ilicită. Dobândirea unei boli profesionale în îndeplinirea sarcinilor de serviciu. Atribuțiile postului
16. Conditions of giving rise to the employer’s patrimonial liability. Tort. Suffering from an occupational disease during the performance of work tasks. Job duties

Summary/Abstract: The investigation of the causes of occupational diseases, for the purposes of confirming or invalidating them, as well as the determination of measures for preventing other diseases shall be made by the experts of the public territorial health authorities, in collaboration with the inspectors of the territorial labour inspectorates, according to art. 34 para. (2) of Law no. 319/2006. In the absence of certain concrete and conclusive evidence as regards the commission of a unlawful act by the employer and of a causal link between the alleged unlawful act and the loss suffered by the employee, it cannot be upheld that the medical disability of the former employee – diagnosed more than 2 years after the termination of the employment relations – is the result of the employment relations during the period worked within the company.

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