Milone CSJN Ruling: Unconstitutionality of Periodic Annuity & Lump-Sum Mandate
In 'Milone, Juan Antonio v. Asociart ART S.A.' (Oct 26, 2004), the Supreme Court ruled periodic annuity payouts under the Workers Comp Act unconstitutional, mandating single lump-sum cash compensation.
Apply the Fallo Milone CSJN precedent to your claim?
Consult Lead Attorney Dr. Guillermo Conti on a pure contingency fee basis:
Essential Conceptual Distinctions
- Binding Doctrine of Fallo Milone CSJN: Mandatory Supreme Court / CNAT case law.
- Zero Court Filing Fees: Full statutory exemption under Article 20 LCT.
- Pure Contingency Fees: We get paid only upon successful financial recovery.
1. Holding & Abolition of Periodic Annuity Schemes
The Argentine Supreme Court invalidated provisions of Law 24,557 that forced workers with disability ratings over 20% to receive indemnity in devalued monthly payments rather than lump-sum cash.
2. Constitutional Right to Immediate Capitalization
The Court held that single cash payouts empower disabled workers to restructure their finances and secure housing or vocational adaptations tailored to their physical condition.
Frequently Asked Questions on the Ruling
Can the workers comp insurer pay me in monthly installments?
No. Under the Milone doctrine, all permanent disability benefits must be disbursed as a single lump-sum payment.
To what disability percentages does this apply?
It applies across all certified permanent partial and total disability ratings.
How is payment wired?
Via direct bank transfer to the employee's payroll account within 15 business days.