Social Chamber of the TSJ Catalonia held in a recent judgment, S 1403/2015 24 February (Rec. suplicación 6239/2014), fibromyalgia and chronic fatigue syndrome (CFS) is a ground for declaring a “permanent disability”
The statement refers to a case of a woman operating chemical industry, which has suffered most recurrent depression with psychotic symptoms without gravity, neck pain and degenerative process without the involvement of the root, fibromyalgia and CFS
In its decision, the Supreme Court of Catalonia focuses on the established case law on the definition of disability has LGSS are on, which states that “the assessment of permanent disability should be done in response mainly functional limitations employees suffering. ”
In the House, the disability must be understood as the loss of the ability of serious anatomical or functional reductions that reduce or abolish the ability to work, and without inhibiting the classification of the possibility of recovering the work capacity when this uncertain or very long term.
In other words, not only should not be recognized only when it is physically impossible for a professional job, but still keep the ability to perform any activity not to do so with a minimum efficiency as the performance of any work, even so simple, requires planning, requirements for movement and interaction, as well as care and attention.
In case, the patient’s disease to become If an image that “prevents the proper execution of all types of work, including sedentary tasks and gentle nature that do not require the execution of particularly intense physical effort. ”
“At the present time is affected by the serious gravity 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 a recurrent major depression without psychotic symptoms serious nature, neck pain and degenerative process without the involvement of the root, fibromyalgia and CFS.
Therefore, the reversal rule TSJC moved by the National Social Security Institute (INSS) against the decision already made the Labor 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 Case No. 1403/2015 of 24 February (Rec. 6239/2014), also said the IPA position for all the work of a social worker with fibromyalgia and chronic fatigue syndrome, confirming the judgment of the labor Court and dismissed the appeal by the National insurance Institute.
paid employee services that have suffered educadora- very advanced fibromyalgia and chronic fatigue syndrome, grade III, with a chronic depressive disorder, mild cognitive impairment and antevenido carpal tunnel syndrome and other diseases.
Consider the House and by the severity of fibromyalgia and chronic fatigue, suffered degree, it must be recognized that despite the skills to do an activity, has no real authority to carry out the work with some effectiveness.
It is conditions that cause intense pain, severely damage production capacity in terms of performance, capacity and efficiency, and without being able to perform light work is just not refute the situation consider disabling enjoyed permanent example and absolute.
In LGSS Back to adjustment of permanent disability is substantial case law that has been responsible score outthat such degree of disability should not be recognized unless it is physically impossible for a professional job, but also when, keeping skills to carry out any activity, has to do this with minimum efficiency , since the performance of any work, although simple, requires programming requirements, movement and interaction, as well as care and attention.
The disability must be understood as the loss of the ability of serious anatomical or functional reductions that reduce or abolish the ability to work , and without inhibiting the classification of the possibility of working lacapacité recovery when present as uncertain or very long term