Since the World Health Organization (WHO) officially recognized Burnout Syndrome as an occupational disease in 2022, the discussion around mental health in the workplace has gained increasing relevance in the corporate environment in Brazil.
At the same time, the Brazilian federal government has introduced measures to promote mental health in the workplace. These include:
- updating Regulatory Standard No. 1 (NR-1), which now requires the management of psychosocial risks in the work environment; and
- creating the Certificate of Mental Health Promoting Company, a seal that recognizes companies that adopt effective practices to promote emotional health in the corporate environment.
In this new context, HR and legal teams have faced practical challenges in adapting to the changes. Issues related to the issuance of the Work Accident Report (CAT) and the recognition of causal nexus in INSS expert examinations have become increasingly common.
SO, IN CASES OF BURNOUT, IS ISSUING A CAT ALWAYS MANDATORY?
It depends. The decision to issue a CAT in cases of burnout requires a careful and prior assessment by the company, with the support of its occupational physician. A medical certificate from the employee’s doctor is generally not sufficient to justify the issuance of a CAT by the company.
Issuing a CAT represents the company’s acknowledgment that the illness is work-related. This has significant consequences, such as guarantee of employment and impacts on the Accident Prevention Factor (FAP) and the Work Environment Risk (RAT).
On the other hand, not issuing a CAT may also raise questions, especially if there is medical evidence supporting the diagnosis.
Even if the company believes that issuing a CAT is not appropriate, it is important to highlight that the Superior Labor Court (TST), in ruling on Repetitive Appeal Incident 125, established the understanding that guarantee of employment due to an occupational disease may be recognized if the causal nexus is proven, regardless of whether a CAT was issued or a work-related social security benefit granted by the INSS.
WHAT IF THE INSS RECOGNIZES THAT THE DISEASE IS WORK-RELATED?
Even if the company does not issue a CAT, the INSS may recognize the link between the illness and work through an individual medical examination or tools such as the Social Security Epidemiological Technical Nexus (NTEP).
In such cases, the company may file an administrative appeal, provided it has not issued a CAT acknowledging the diagnosis as an occupational disease. Therefore, it is extremely important for the company to closely monitor the employee’s proceedings with the INSS to gather elements for a potential appeal.
HOW TO ACT SAFELY?
The best way to navigate this scenario is through preventive measures, technical preparation, and predefined internal processes. Some actions include:
- establishing clear internal protocols and workflows for medical evaluation and decision-making regarding the issuance (or not) of a CAT in cases of burnout medical certificates;
- providing internal training to foster healthy work environments and best people management practices; and
- monitoring INSS decisions and acting promptly in administrative appeals, when applicable.
Machado Meyer Advogados has been closely monitoring cases involving this topic and has specialized professionals available to assist in the analysis of specific cases, structuring of internal policies, and handling of administrative appeals before the INSS.
