Courts confirm fibromyalgia as a reason for declaring absolute permanent disability

The Social Chamber of the Supreme Court of Catalonia has considered in a recent judgment, S 1403/2015, of February 24 (Rec. 6239/2014), that fibromyalgia and chronic fatigue syndrome (CFS) is grounds for declaring the “Permanent disability”.

The ruling refers to a case of a woman, a chemical industry operator, who suffered from recurrent severe major depression without psychotic symptoms, cervical pain and degenerative process without radicular involvement, fibromyalgia and CFS.

In the ruling, the TSJ of Catalonia emphasizes the  reiterated jurisprudential doctrine  on the configuration that the LGSS makes about the disability, which states that “the assessment of permanent disability must be made in line with the functional limitations derived from the ailments of the employee”.

For the ward,  the disability must be understood  as the decrease in capacity due to serious anatomical or functional reductions that decrease or cancel the work capacity, and without obsessing the qualification the possibility of recovery of the work capacity when it is presented as uncertain or very long term.

That is, not only must not only be recognized when there is no physical possibility to perform any work, but also when still maintaining skills to perform some type of activity, do not have to do so with minimal effectiveness, as the realization of any work, even for simple, requires a schedule, displacement and interrelation, as well as diligence and attention.

In the case, the patient’s complaints make  up a picture  that “prevents the correct performance of all types of work, including tasks of a sedentary and light nature that do not require the execution of particularly intense physical efforts”.

“At the present time is affected by a major disorder of a serious nature, which is present with enough intensity to cancel their work capacity, to which are added the other degenerative ailments,” adds the ruling.

The plaintiff presents severe recurrent major depression without psychotic symptoms, cervical pain and degenerative process without radicular affectation, fibromyalgia and CFS.

For all these reasons, the TSJC dismisses the appeal filed by the National Institute of Social Security (INSS) against the ruling that already handed down by the Social Court 1 of Girona in 2013.

IPA situation of a social educator suffering from fibromyalgia and CFS

The Social Chamber of the TSJ of Catalonia, in judgment nº 1403/2015, of February 24 (Rec 6239/2014), also declared the situation of IPA for all work of a social educator suffering from fibromyalgia and chronic fatigue syndrome , confirming the ruling issued by the Social Court and dismissing the appeal filed by the National Institute of Social Security.

The worker -who served as an educator- suffered from a very advanced fibromyalgia syndrome and chronic fatigue, grade III, together with chronic depressive disorder, mild cognitive impairment and a previous carpal tunnel syndrome, among other pathologies.

Considers the room that only because of the severity of fibromyalgia and chronic fatigue, in the degree suffered, it must be recognized that, even with aptitudes to do some activity,  it lacks real faculties to consummate the work  with some efficiency.

These are pathologies that, due to the intense pain they cause, significantly reduce the productive capacity, in terms of performance, capacity and effectiveness, and without the fact that light tasks can be performed simply enough to enervate the disabling situation in the consideration appreciated in the instance of permanent and absolute.

About the configuration that the LGSS makes about absolute permanent disability is numerous jurisprudence that has been in charge of pointing out that  such degree of disability should not only be recognized when there is no physical possibility  to perform any work,  but also when still maintaining skills to perform some kind of activity, do not have to do it with minimal effectiveness , because the completion of any job, even simple as it is, requires a schedule, displacement and interrelation, as well as diligence and attention.

Disability should be understood as the decrease in capacity due to serious anatomical or functional reductions  that decrease or cancel the work capacity , and without obstructing the qualification the possibility of recovery of the work capacity when it is presented as uncertain or very long term .

Source: healthizfitness.com

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