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Supreme incorporated considerations of the Hill: Yes to the biological damage to itself from overtime but not paid on the basis of fairness

Supreme Court, in sentence no 5437

The Supreme Court on 8 March 2011, recognized the right to compensation for wear organic mental and physical stress to a worker who performs a large number of sustained overtime. In the case in the Supreme Court upheld, under reference, the action brought by a company employer against the decision of the Court of Appeal had held that the tasks and time work of a former employee were liable to lead to biological damage. The Judges of legitimacy, recognizing the reasons for the Court of Appeals in order to complete timely and very arduous character in terms of psycho-physical work, have not felt "apodictic" the criterion used to quantify the damage. In fact, reads the sentence, "the biological damage is, by express legislative definition, also in labor law (Article 13 of Law 38/2000), 'mental and physical injury of the person liable to medical evaluation legal '. Therefore, there is biological damage when the lesion of the physical and psychological integrity is' liable to legal medical evaluation'. But if so, to quantify, the court can not merely invoke the criterion of equity and to identify a sum so apodictic (...): must reach the legal determination by a medical evaluation. "

Source: http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9873.asp