EXPERTISE THE WORK ENVIRONMENT IS NOT PART OF THE MEDICAL EXPERTISE

Abstract

Some operators of law prescribe that the medical expert is obliged to inspect the workplace in all analyzes of the causal link between illness and work carried out in the scope of the Labor Court (JT). The allegation of occupational disease is enough to establish the obligation. Failure to carry out the inspection would imply, as has been happening, in the annulment of the report, regardless of the technical indications. It is argued that Resolution CFM 2323/2022 would impose this obligation. The absence of medical experts in this discussion is notorious. This article presents a legal, ethical and technical review of the subject, revealing the lack of grounds for the imposition, the misinterpretations of Resolution CFM 2323/22, the harmful consequences that this conduct brings to the quality of the judicial provision, to workers, to employers that comply with health and safety standards and expert doctors. It then proposes a sequence of steps to be followed in order to determine the indications of expertise in the workplace, as well as define its objectives.