The courts have confirmed that fibromyalgia is ground for declaring a permanent disability

The TSJ Social Chamber of Catalonia held in a recent judgment, S 1403/2015 of 24 February (Rec. Suplicación 6239/2014), fibromyalgia and chronic fatigue syndrome (CFS) is ground for declaring a “permanent disability”.

The statement refers to a case of a woman, operate chemical industry, which has suffered more recurrent depression frame without psychotic symptoms serious nature, neck pain and degenerative process without the involvement of the root, fibromyalgia and CFS

In its decision, the Supreme Court of Catalonia emphasizes the settled case-law on setting the LGSS ago on disability, which states that “permanent disability assessment should be done in response primarily derived functional limitations of employee suffering.”

For the House, the disability must be understood as the loss of capacity of serious anatomical or functional reductions that reduce or nullify the ability to work, and without inhibiting the classification of the possibility of recovery of work capacity when it is present as uncertain or very long term.

That is, not only must not only be recognized when it has no physical possibility for any professional work, but also when even keeping skills to perform some activity, do not have to do it with minimal effectiveness, as the performance of any work, even though simple, it requires a scheduling requirements, movement and interaction, as well as care and attention.

In the case, the patient’s disease become -If an image that “prevents the proper performance of all types of work, including sedentary tasks and mild nature that do not require the performance of especially intense physical effort.”

“At the present time is affected by a serious serious nature of disorder that occurs with sufficient intensity to cancel your ability to work, to which are added other degenerative diseases,” the decision.

The candidate has major recurrent depression without psychotic symptoms serious nature, neck pain and degenerative process without the involvement of the root, fibromyalgia and CFS.

Therefore, the TSJC dismisses the Rollback moved by the National Institute of Social Security (INSS) against the decision already given the Labour Court 1 Girona in 2013.

IPA situation of a social educator with fibromyalgia and CFS

The Social Chamber of the Supreme Court of Catalonia, in judgment No 1403/2015 of 24 February (Rec. 6239/2014), also said the IPA situation for all the work of a social educator with fibromyalgia and chronic fatigue syndrome, confirming the judgment of the Labour Court and dismissed the appeal brought by the National Institute of social Security.

employee services paid, which educadora- suffered very advanced fibromyalgia syndrome and chronic fatigue, grade III, with depressive chronic disease, mild cognitive impairment and antevenido carpal tunnel syndrome and other diseases.

Consider the House and only by the severity of fibromyalgia and chronic fatigue, the degree suffered, it must be recognized that even with skills to do some activity, has no real authority to consummate the work with some effectiveness.

It is intense pain conditions that cause, seriously undermine the productive capacity in terms of performance, capacity and efficiency, and without being able to perform light work simply no longer to refute the crippling situation into consideration appreciated permanent and absolute instance.

On the definition of LGSS back in permanent disability is great jurisprudence that has been responsible for pointing outthat such degree of disability should not only be recognized when it has no physical possibilityfor any professional work, but also when, keeping skills to perform some activity, do not have to do it with minimal effectiveness , since the performance of any work, even though simple, requires a scheduling requirements, movement and interaction, as well as care and attention.

The disability must be understood as the loss of capacity of serious anatomical or functional reductionsthat reduce or nullify the ability to work , and without that inhibit the rating the possibility of recovery of work capacity when it is present as uncertain or very long term

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Content is protected !!