Falta de 'ocasionalidad relevante' en el resbalón sufrido en la ducha del hotel donde la trabajadora se encontraba desplazadaComentario a la STS 278/2023, de 18 de abril (rcud 3119/2020)

Laburpena

The jurisprudential construction of the accident on mission, as a specific modality of the work accident, protects the one that occurs during the displacement of the worker to carry out an activity entrusted by his company and subject to its instructions (including in terms of accommo-dation , means of transport, etc.), which is why in these cases the presumption of employment is extended, given that the duty of business security must be deployed in “every place where one is by reason of the entrusted activity, even if it is not the usual place of work. However, it is the “employment connection”, even in terms of mere relevant occasionality, which differentiates the work accident from the common one, additionally compromising the applicable legal and benefit regime. Being the different appreciation of the factual context in which the fall in the shower of a displaced worker occurs, the one that distances the Supreme Court from the criterion maintai-ned, until that appeal, by the previous judicial bodies.