Denied the postponement of the vaccine, his lawyer warns the health authority

The lawyer of the health and social worker: «He has a medical certificate that allows him to do so. My client has contracted Covid in service, I reserve the right to ask for compensation “

SACILE. He asks for the postponement of the anti-Covid vaccination for health reasons and the health company says no. A health and social worker in Sacile did not think twice, and turned to a lawyer.

“The case was born in the face of the insistence of the health authority on the immediate vaccination of the socio-sanitary operator – says the lawyer Giovanna de ‘Manzano -, who warns the Asfo from continuing in the process -. This, despite a certificate of exemption from the doctor who induced my client to ask for the postponement of the vaccine dose inoculation ».

Asfo’s response was clear. “The vaccination against Covid can be done”. The communication dated October 19 from the Department of Prevention offers an indication. “The employee can be vaccinated in a protected environment and under medical supervision.” For the lawyer de ‘Manzano, on the other hand, the medical certificate of the socio-sanitary operator from Sacile is valid.

«Asfo insists that there are no contraindications and mentions in the note“ food allergies ”that nothing has to do with this case – adds the lawyer -. The medical certificate is a public document and it is not possible for the public administration to proceed in deviation, unless there is a complaint of forgery. In the case of Sacile, I am not aware that it was presented ».

The operator’s lawyer is clear: «The constant insistence of the Asfo constitutes an abuse. The request for self-protection has been forwarded with all the health documentation ».

«Asfo sent my client on October 10 a letter of invitation to produce the documentation on the vaccination – summarizes de ‘Manzano -, or the omission or postponement of the same. The health worker explained and documented the need for a postponement of vaccination, thus requiring an allergy visit booked for December ».

The Asfo has instead scheduled the vaccination on 9 October. “This, without any reference to the documentation and defenses produced by my client – adds the lawyer -. I note that it is not the first occasion in which I read that the Asfo, in defiance of the obligations of motivation of the administrative acts, does not mention the defenses produced by the social health worker. But the lack of motivation makes the act illegitimate, in every location ».

«The medical certificate dated 5 October differs the date of vaccination for health reasons – underlines de ‘Manzano -. My client in the past contracted Covid in the performance of his job: a disease that is therefore attributable to the same employer. This is damage, for which I reserve the right to ask for compensation, once the causal link has been ascertained ».