Supreme Court dismisses appeal; mandatory medical exam requires lawful, ethical procedure with patient consent.

The Supreme Court dismissed the appeal against a labor court ruling that denied a doctor's employment due to refusal of a medical examination. The plaintiff, a physician, had been diagnosed with a 30-day work incapacity by a psychiatrist without her consent, despite her explicit refusal and the absence of a prior committee review. The Court held that the statutory obligation to undergo a control examination under Article 229 § 2 of the Labor Code only arises when the incapacity is established through a procedure strictly adhering to legal and ethical standards, including patient consent.