Social Chamber of Catalonia TSJ in a recent judgment, S 1403/2015 of February 24 (Rec. Suplicación 6239/2014), Fibromyalgia and chronic fatigue syndrome (CFS) are grounds for declaring a “permanent disability”
The statement refers to a case of a female chemical industry operator who suffered from the most recurrent depression and presented with psychotic symptoms, not severe, without neck pain or a degenerative process without root involvement, fibromyalgia and CFS.
In its ruling, the Supreme Court of Catalonia pointed to the consistent case law on the definition of LGSS disability, which states that “the assessment of permanent disability must be carried out mainly on the basis of functional limitations. employee suffering. ”
For the Commission, invalidity must be understood as the loss of capacity for severe reduction, anatomical or functional, which reduces or eliminates the capacity to work, without hampering the classification of the capacity to regain work capacity even if it is uncertain or very long term.
In other words, not only should one not count when it is physically impossible for professional work, but one should also retain the ability to perform any activity in order not to do so with minimal efficiency, because the execution of any job, however simple, requires planning, the demands of movement and interaction, and care and attention.
In this case, the patient’s illness should become an image that “prevents the correct performance of all types of work, including sedentary tasks and gentle nature that do not require the performance of particularly heavy physical exertion. ”
“Right now, the severity of the disease is affecting enough intensity to nullify your ability to work, plus other degenerative diseases,” the president said.
Candidate has recurrent major depression without severe psychotic symptoms, neck pain and degenerative processes without root involvement, fibromyalgia and CFS.
Therefore, the reversal rule of the TSJC proposed by the National Institute of Social Security (INSS) against the decision already made by the Labor Court 1 of Girona in 2013.
the IPA situation of a social educator with fibromyalgia and chronic fatigue syndrome
The Social Chamber of the Supreme Court of Catalonia, in Judgment No. 1403/2015 of February 24 (Rec. 6239/2014), also stated that the IPA situation for the entire work of a social educator with fibromyalgia syndrome and chronic fatigue, confirms judgment of the labor court and rejected the appeal lodged by the National Institute of Social Insurance.
services to paid employees who have suffered from a very advanced syndrome of fibromyalgia educations and chronic educations, stage III, with chronic depressive disorder, mild cognitive impairment, antevenido carpal tunnel syndrome and other diseases.
Consider the House and that given the seriousness of fibromyalgia and chronic fatigue, the degree suffered, it must be recognized that despite the skills required to perform an activity, he has no real authority to perform the work with efficiency.
It is the conditions of intense pain that cause, seriously affect the productive capacity in terms of performance, capacity and efficiency, and without being able to perform light work, it is simply not to refute the disabling situation into consideration of a permanent and absolutely appreciated example.
In LGSS, the return to permanent disability is an important case law that has been instructed to clarify that such a degree of disability should not be recognized only if it is physically impossible for professional work , must do so with efficiency minimal , because the execution of any work, although simple, requires requirements of programming, movement and interaction, as well as care and attention.
Disability should be understood as the loss of capacity for severe anatomical or functional reductions which reduce or eliminate the capacity to work , and without precluding the classification of capacity to regain capacity for work when present as uncertain or at very long term
