Obregón CSJN Ruling: Full Cash Payment for Permanent Disability Benefits
In 'Obregón, Francisco v. Liberty ART S.A.' (April 17, 2007), the Supreme Court consolidated its jurisprudence barring installment annuities for permanent workplace disability compensation.
Apply the Fallo Obregón CSJN precedent to your claim?
Consult Lead Attorney Dr. Guillermo Conti on a pure contingency fee basis:
Essential Conceptual Distinctions
- Binding Doctrine of Fallo Obregón 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. Consolidation of the Milone Lump-Sum Doctrine
The Supreme Court reaffirmed that no employee suffering permanent occupational disability can be subjected to fractional annuity disbursements managed by insurance trusts.
2. Immediate Capital Liquidity and Inflation Defense
Statutory compensation must be disbursed as a single lump-sum payout with accumulated judicial interest from the date of the incident.
Frequently Asked Questions on the Ruling
How quickly must the insurer wire the lump sum?
Within 15 business days following formal SRT settlement approval.
What happens if payment is delayed?
Default interest accrues automatically, and funds are enforced via bank garnishment.
Does it apply to commute (in itinere) accidents?
Yes. It applies equally to on-site and commuting accidents.