Fabbiani Demands $20 Million for Career-Ending Injury, Mendoza Supreme Court to Decide

Cristian "Ogro" Fabbiani is at the center of a legal battle that could set a major precedent in Mendoza’s labor compensation system. The former striker, who suffered a serious knee injury in 2012 while playing for Independiente Rivadavia, is demanding over $20 million pesos in compensation from Galeno ART. The Mendoza Supreme Court must now decide whether a different interest rate should be applied to calculate the final indemnity.

The case stems from a March 3, 2012 match against Deportivo Merlo, in which Fabbiani tore his right ACL. Galeno acknowledged the workplace injury and covered medical care and rehabilitation, but the dispute arose over the percentage of permanent disability. A judicial medical report determined a 16.4% permanent impairment, with a base monthly income of ARS $9,206.86 and an initial compensation of ARS $185,660.

The core of the controversy is how that amount should be updated over time. In September 2024, the Labor Court declared SRT Resolution 414/99 unconstitutional and applied Banco Nación’s 36-month personal loan interest rate, awarding Fabbiani ARS $1.39 million. Fabbiani appealed, arguing the ruling lacked justification and deviated from established legal precedents.

His legal team presented an alternate calculation using progressive interest rates across different time periods, which would raise the compensation to ARS $20.28 million as of April 1, 2024.

The case is now in the hands of Supreme Court justices Omar Palermo, Mario Adaro, and Julio Gómez, who will decide whether the lower court ruling was appropriate or should be amended. Their decision could significantly impact how compensation for workplace injuries is calculated going forward in Mendoza.