Process before the Labor Medical Board
The City of Buenos Aires' Department of Labor, Industry and Trade issued Ruling No. 3397/18, which created the Labor Medical Board (“LMB”) and granted it authority over any conflicts that may arise due to medical discrepancies in relation to an employee's physical and/or mental impairment deriving from non-occupational diseases and accidents occurred during employment, which may prevent the employee to perform work regularly, or after employment terminated. The LMB may also control medical prescriptions regarding changes of duties or light-duty tasks.
Discrepancies between the employee's and the employer's health professionals in a given case are common.
Those discrepancies relate to the actual disease's or accident's existence, the length of the sick leave or the need for modifying working conditions (change of duties, reduction of time schedule, etc.).
The LMB may then intervene to collaborate, settle, opine and offer medical support to provide solutions to any conflicts that may arise. This system has been successfully applied in other jurisdictions, such as the Province of San Juan.
The process before the LMB is optional, and may be requested by employers or employees of the private sector in the City of Buenos Aires. Once the application is submitted along with the required documentation, the LMB schedules a hearing to which both parties and their health professionals are appointed. After the hearing is held, the LMB issues a non-binding opinion which is thereafter formally notified to the parties.