23. On September 1, 1963, Victorio Spoltore began to work for the company Cacique Camping S.A.; he remained there until May 1987, when his employment ceased. 2 During that time, he performed various functions, including those of operator, assistant cutter, cutter, assistant foreman, cutting chief, and finally foreman.3 24. In 1984, Mr. Spoltore suffered a heart attack4 and, as of that point, his health began to worsen. As a result of that, he filed for retirement on the grounds of disability with the Welfare Office for Industry, Trade, and Civilian Activities. Mr. Spoltore was granted the benefit after a medical board found that he had a 70% work disability.5 25. On June 30, 1988 Mr. Victorio Spoltore filed suit for occupational sickness compensation against the company Cacique Camping S.A., which was heard by Labor Tribunal No. 3 of the San Isidro Judicial Department in the province of Buenos Aires (hereinafter “the Labor Tribunal”). In the suit, Mr. Spoltore argued that his worsening health originated in the work activities he performed at the respondent’s industrial facility and that as a result of the decline in his health, he began to receive hostile treatment. 6 26. On August 26, 1988, the company Cacique Camping S.A. lodged objections on the grounds of pending litigation and expiration of statutory limitations and requested the summoning, as third-party respondents, of the insurance companies India Cía. de Seguros Generales S.A. and Sud Atlántica Cía de Seguros S.A., on the grounds that it maintained workplace insurance contracts with those companies. 7 27. On October 5, 1988, the Labor Tribunal rejected the pending litigation objection and ordered the objection on the grounds of statutory limitations to be taken into account in due course. On November 21, 1988, the summonses for the third-party respondents referred to in the previous paragraph were served.8 28. On April 18, 1989, the respondent requested that a summons be served on an additional insurance company, the Suizo Argentina Compañía de Seguros S.A. The company appeared before the tribunal on October 17 of that year.9 29. On November 30, 1989, the evidentiary phase in the proceedings began. On that date a first hearing was set for the selection by lots of an expert accountant and an expert security engineer, who were duly appointed on December 1, 1989.10 30. On February 20, 1990, the case file was admitted to the experts’ office, in order for an occupational medicine expert to be appointed. On March 22, 1990, the expert accountant requested an extension of 25 days in the deadline for submitting his opinion, which he finally presented on May 17, 1990. The expert engineer submitted his opinion on April 20, 1990; the Tribunal placed an observation on the report, which was resolved on April 30 of that year.11 Annex 1. Judgment of Labor Court No. 3 of June 3, 1997. Annex to Mr. Spoltore’s petition of September 5, 2000. Annex 1. Judgment of Labor Court No. 3 of June 3, 1997. Annex to Mr. Spoltore’s petition of September 5, 2000. 4 Annex 1. Judgment of Labor Court No. 3 of June 3, 1997. Annex to Mr. Spoltore’s petition of September 5, 2000. Annex 2. Appeals ruling of the Supreme Court of Justice of the Province of Buenos Aires, dated August 16, 2000. Annex to Mr. Spoltore’s petition of September 5, 2000. 5 Annex 3. Special remedy on reversal of a decision contradicting established doctrine, dated September 2, 1997. Annex to Mr. Spoltore’s petition of September 5, 2000. 6 Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s petition of September 5, 2000. 7 Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s petition of September 5, 2000. 8 Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s petition of September 5, 2000. 9 Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s petition of September 5, 2000. 10 Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s petition of September 5, 2000. 11 Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s petition of September 5, 2000. 2 3 4