The TSJ Social of Catalonia held in a recent judgment S 1403/2015 of 24 February (Suplicación Rec. 6239/2014), fibromyalgia and chronic fatigue syndrome (CFS) is ground to a “permanent disability” for the explanation
The statement refers to a case of a woman, chemical industry, which has suffered more recurrent depression frame without psychotic symptoms severe neck pain and degenerative process without the participation of the root, fibromyalgia and CFS work
In its decision, the Supreme Court of Catalonia emphasizes the by case law on the LGSS on disability before setting that says “permanent disability assessment functional limitations of workers should be done derived suffering primarily in response.”
For the house, the disability must be understood as the capacity loss of serious anatomical or functional reductions that reduce or nullify the ability to work, and is prevented without the classification of the possibility of restoring the ability to work, if it exists as unsafe or the very long term.
That is, must not only be recognized not only when it has no physical possibility for any professional work, but also, albeit skills hold to perform a certain activity, it has nothing to do with a minimum efficiency as the performance of any work even though simple, it requires a scheduling requests, movement and interaction as well as care and attention.
In the case of illness of the patients -If an image that “prevents the correct application of all types of work, including sedentary tasks and mild nature that do not require the performance of particularly intense physical exertion.”
“In this day and age is affected by a serious disease severity that occurs should your ability to delete to work, what other degenerative diseases of sufficient intensity,” the decision.
The candidate has significant recurrent depression without psychotic symptoms severe neck pain and degenerative process without the participation of the root, fibromyalgia and CFS.
Therefore, the TSJC dismisses the rollback by the National Institute of Social Security (INSS) against the decision of the Labor Court already 1 Girona in 2013 moves given.
IPA situation of a social worker with fibromyalgia and CFS
The Social Chamber of the Supreme Court of Catalonia, in Judgment No 1403/2015 of 24 February (Rec. 6239/2014), the IPA situation for all said the work of a social worker with fibromyalgia and chronic fatigue syndrome, the judgment confirmed the Labor Court and had brought the complaint by the National Institute of social security.
paid employee benefits, the very advanced fibromyalgia syndrome and chronic fatigue, grade III, educadora- suffered with depressive illness chronic mild cognitive impairment and antevenido carpal tunnel syndrome and other diseases.
Consider the house and suffered only by the severity of fibromyalgia and chronic fatigue, the degree must be recognized that to do with skills of a certain activity has no real authority to complete the work with some effectiveness.
There is a lot of pain conditions that seriously undermine lead production capacity in terms of performance, capacity and efficiency, and without light work simply can not perform to refute the crippling situation, lasting into account and estimated absolute authority.
On the definition of LGSS back to permanent disability large jurisprudence, outthat for reporting responsibility is to the degree of disability should not be recognized only if it has no physical possibility , for each professional work, but also when, holds skills a perform some activity, does not have to do it with minimal effectiveness because the performance of any work, although simple, a scheduling – requirements, movement and interaction, as well as care and attention is required.
The disability must be understood as a capacity loss of serious anatomical or functional reductions, to reduce or make the ability to work to naught , and without that the rating the possibility of restoration of working ability inhibit, if they exist as unsafe or very long term