Skip to content

Appeal against the occupational health physician's finding of unfitness

14 July 2021 · Admin

This appeal is available to anyone who has been declared unfit for work by the occupational health physician / company doctor, whether due to the decision not to be vaccinated, the refusal to undergo continuous swab testing, or the refusal to wear a mask in the workplace. The finding of unfitness must be challenged within 30 days.

This appeal applies to everyone, not just healthcare workers: it can be used by anyone declared unfit by the occupational health physician, regardless of the work performed!
Watch the explanatory video here: https://youtu.be/27AT3Kv5N8Y

This is an administrative appeal governed by Article 41(9) of Legislative Decree 81/2008, for which representation by a lawyer is not mandatory. However, it is advisable that the appeal is drafted and filed by a lawyer.
For those wishing to be assisted through this process by Avv. Fusillo, the fee is €180.00 plus 4% CPA and 22% VAT, for a gross total of €228.38.
The occupational prevention service normally schedules an appointment for the appellant within a few weeks and decides on the appeal very swiftly. So far, the outcomes have been positive and the SPRESAL/SPISAL services have upheld the appeals.
It is not necessary to be accompanied by a lawyer to appear before the SPISAL/SPRESAL. The healthcare worker concerned may attend in person without legal assistance and simply refer to the appeal lodged.
To proceed, we require the following documents:
    • Identity document (front and back) and tax code (codice fiscale) or health card (front and back)
    • Occupational health physician's declaration of unfitness
    • Bank transfer receipt for the fee of €228.38
    • Completed and signed letter of engagement (downloadable here)
    • Completed and signed privacy form (downloadable here)

Payment details:
SEPA bank transfer (Europe without fees) in Euros, bank country Belgium (Brussels), beneficiary country Italy.
Account holder: Alessandro Fusillo
Address: Viale delle Milizie 22, 00192 Roma, Italia
IBAN: BE40967196405663
BIC/SWIFT: TRWIBEB1XXX
Bank name: Wise
Payment reference: "(Enter your Surname and First Name) SPRESAL"

START YOUR APPEAL HERE

For those wishing to register for this individual appeal, a specific contact form is available: go to the contact page and click on "Green Pass e sospensioni - Ricorsi Individuali"

To assist those who are less familiar with digital tools, we have chosen to allow document submission as photos (JPEG images), so that registration can be completed using only a mobile phone.
For this purpose, we have prepared several tutorials to guide users through the registration steps:

We will be sure to keep you constantly updated via email, the Difendersi Ora Telegram channel, and videos that we will publish regularly.

https://rumble.com/embed/vhgpq8/?pub=aaupe