The company Blasting Pintura Industrial Ltda. will have to reimburse medical expenses and pay indemnification for moral damages to a former employee for changing the health insurance of the company without directly notify its employees.

The former employee had to bear the costs of medical treatment for his child after the health plan refused to hospitalize him in April 2008, claiming that the contract had been terminated with the company.

The defendant argued that the contract with Unimed Costa Sul expired on March 1st, 2008 and on the same day, in order not to cause any damages to their employees, signed a new agreement with Unimed Caçapava.

The company also argued to have placed on the notice board information about the need to change the cards of the health plan, as well as ordered a group of employees to warn the rest of the workers.

The claim for indemnification was denied by the lower court judge of the 2nd Labor Court of Macaé and the claimant appealed of the decision. Analyzing the appeal, judge Ivan da Costa Alemão Ferreira noted that the claimant had little initiative in finding out about the change of the health plans, but it remained clear that he was not directly informed of the exchange.

Thus, the 5th Panel of the Regional Labor Court of Rio de Janeiro (RJ-TRT) partially upheld the appeal of the claimant in order to determine the reimbursement of the expense of R$ 170.00 in respect of damages to property plus the amount of R$ 2,000.00 regarding moral damages.

Case No. RO 0137900-88.2009.5.01.0282

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