Voluntary Agreement for Medical Discharge Without Disability

On September 19, 2025, the Superintendence of Occupational Risks issued Resolution 41/2025, which introduces a substantial amendment to the occupational risk regime by enabling a new administrative mechanism for settling cases in which the worker has been medically discharged without any disabling consequences.

This measure, effective as of September 23, 2025, is part of an institutional policy aimed at reducing judicial intervention in the system, thus promoting agile and efficient mechanisms that allow early resolution of disputes without resorting to judicial proceedings. In this regard, this Regulation represents a strategic opportunity, since it establishes a tool that facilitates the management of labor conflicts arising from occupational accidents or diseases, and significantly reducing litigation-related costs and resolution times.

The Resolution authorizes Occupational Risk Insurers (ART), Self-Insured Employers (EA), and Non-Insured Employers (ENA) to voluntarily and discretionally offer economic compensation agreements to workers who have been medically discharged without permanent work-related disabilities. This option is available only once the Medical Commission has certified there are no disabling consequences, either through a damage assessment report or a medical opinion issued in the context of a dispute regarding the determination of disability.

The economic offer does not imply recognition of any entitlement to monetary benefits under the system, nor does it alter the medical opinion issued by the Medical Commission. It is an extrajudicial tool that allows the administrative instance to be concluded through a homologated agreement, thereby avoiding starting judicial proceedings that could entail higher economic costs, extended timelines, and reputational exposure for companies.

Once the ART, EA, or ENA expresses its willingness to enter into an agreement, within three business days from the Medical Commission’s request, the Homologation Service will summon the parties to a hearing in accordance with the procedure in Resolution SRT 298/2017. If employer and employee reach an agreement, the homologation will have the effect of decided administrative matter.

This new mechanism is a valuable tool for more efficiently managing cases of medical discharge without disabling consequences, preventing the initiation of claims. In a context of increasing litigation and proliferation of judicial agreements that deviate from objective criteria for determining disability, Resolution 41/2025 strengthens the role of the Medical Commissions as the appropriate forum for conflict resolution and offers an alternative path to close cases with speed, legal certainty, and reduced economic impact.

It is undoubtedly an opportunity to rethink occupational risk management strategies and move toward a more efficient and less contentious model.