Social Chamber of Catalonia TSJ held in a recent judgment, S 1403/2015 of February 24 (Rec. Suplicación 6239/2014), Fibromyalgia and Chronic Fatigue Syndrome (CFS) is grounds for declaring a “permanent disability”
The statement refers to a case of a female chemical industry operating, who suffered from the most recurrent depression have psychotic symptoms, without the seriousness, neck pain and degenerative process without the involvement of the root, the Fibromyalgia and CFS
In its decision, the Supreme Court of Catalonia emphasizes the consistent case law on the definition of disability LGSS on, which states that “the assessment of permanent disability should be made in response mainly to functional limitations. suffering of employees. ”
For the Board, disability must be understood as the loss of the capacity for severe anatomical or functional reductions that reduce or abolish the ability to work, and without inhibiting the classification of the ability to recover work capacity when it is present also uncertain or very long-term.
In other words, not only should not be counted when it is physically impossible for a professional job, but also still keep the abilities to perform any activity not to do it with minimal efficiency as the performance of any work even so simple, requires planning, the demands of movement and interaction, as well as care and attention.
In the case, the patient’s illness to become an image that “prevents the proper performance of all types of work, including sedentary tasks and gentle nature that do not require the performance of particularly intense physical exertion. ”
“At present is affected by the seriousness of the disorder that occurs with sufficient intensity to cancel your ability to work, to which are added other degenerative diseases,” the decision.
The candidate has recurrent major depression with no serious psychotic symptoms, neck pain and degenerative process without the involvement of the root, fibromyalgia and SCF.
Therefore, the overthrow rule of TSJC moved by the National Institute of Social Security (INSS) against the decision already rendered the Labor Court 1 Girona in 2013.
the IPA situation of a social educator with fibromyalgia and CFS
The Social Chamber of the Supreme Court of Catalonia, in the judgment n ° 1403/2015 of February 24 (Rec 6239/2014), also said the situation IPA for all the work of a social educator with fibromyalgia and chronic fatigue syndrome, which confirms the judgment of the Labor Court and dismissed the appeal filed by the National Institute of Social Insurance.
services to paid employees who have suffered very advanced educadora-fibromyalgia and chronic fatigue syndrome, stage III, with chronic depressive disorder, mild cognitive impairment and antevenido carpal tunnel syndrome and other diseases.
Consider the House and that by the severity of fibromyalgia and chronic fatigue, the degree suffered, it must be recognized that, despite the skills required to do an activity, has no real authority to perform the work with any effectiveness.
It is the conditions of intense pain that cause, seriously affect the production capacity in terms of performance, ability and efficiency, and without being able to perform light work is simply not to refute the situation disabling in consideration appreciated permanent and absolute example.
In LGSS Back to permanent disability adjustment is important case law that was responsible for pointing outthat such degree of disability should not be recognized only if it is physically impossible for a professional job, but also when, keeping the necessary skills to carry out any activity, has to do it with minimal efficiency , since the performance of any work, although simple, requires programming requirements, movement and interaction, as well as care and attention.
Disability must be understood as the loss of the ability of severe anatomical or functional reductions that reduce or abolish the ability to work , and without inhibiting the classification of the ability to recover work ability when it is present as uncertain or very long term