Victoria Garcia has gone from nurse sick; to babysit the clinician to have to sit to hold up her grandson. He is 56 years old and ensures that fibromyalgia suffering since 2015 makes him look twenty. When you shake hands, squeals if one tightens close the account. “It hurts even when they give me a hug” he says sadly.
In recent years, health has challenged Victoria. In 2014 he was detected and ovarian cancer when chemotherapy sessions concluded, fibromyalgia showed his face and had to start fighting a new battle. “I wake up with pain, stiffness, I have attention deficit disorder, depression …” he explains. Tears prevented him briefly continue narrating what happens. Pain after treatment began. “It was as if I had been beaten kicked; as a tremendous flu, those who hurt you until your eyes to move them, “describes. At first he blamed the ‘chemo’, but finally her doctor referred her to Dr. Salvatierra rheumatology and diagnosed “fibromyalgia and rather severe.”
Lack of attention and concentration accompanies him since. Sore bones and muscles are widespread, tires easily and has depression and anxiety disorders. “I am with antidepressants,” he confesses, after stating that stopped working since he had cancer. Still, he faces every day looking forward, although sometimes needs help to dress up. “I have limited the movements of the shoulder joint and I have to help,” he says. Nor can shower alone; taking strong medication produces dizziness. It’s a danger.
For their ailments, to Victoria, the National Social Security Institute (INSS) had been recognized total permanent disability. He admitted he was incapacitated for the performance of their usual nursing profession. But she and her lawyer, Miguel Garrido, decided to fight in court to being granted absolute incapacity, because it is not only prevented from working in a hospital but to perform any job. And so just recognized the Social Chamber of the High Court of Andalusia (TSJA).
In a judgment delivered on 1 December, the High Court recalls that the absolute permanent disability “is not connected to the usual occupation, as disables the worker for any profession or trade.” Of course, if this legal statement with strict literalness applied, not the degree of disability “except in exceptional circumstances” would be recognized. Therefore, the TSJA understands that qualifies as absolute permanent disability “the situation of the data when it is unable to perform most of the professions or occupations, if the worker can not withstand a minimum of dedication, diligence and care” requirements indispensable in the simplest of jobs.
So, after reviewing the case of Victoria His lawyer filed an appeal for reversal against the judgment in 1 March labor court of the capital, he recognized but not absolute permanent disability, the high court hosts “censorship legal “by his lawyer.
The judges indicated that “there are three conditions that must be valued for the purposes of the claimed degree of disability.” The first would be suffered cancer. At this point, remember that doctors are monitoring their evolution, but it “would not justify itself” granting absolute. The second would fibromyalgia, which “presents continuous periods of exacerbation” though when the trial was held there was “something better.” The third would be the “stressful situation” that envelops Victoria since he took ill and “that is overflowing him”, causing, for example, tearfulness, anxiety and a state of very depressed mood. You need, in fact, specialized treatment.
The TSJA recalls that the worker has joined a cancer process and fibromyalgia, and that this has caused depressive problems “serious intensity” for those who need specialized treatment and monitoring. So you understand that your situation should be regarded “as incardinable in the degree of permanent disability” resulting from their ailments and to “all kinds of work.” Thus reverses the earlier court decision and recognizes the right of Victoria to receive a pension “in the percentage corresponding to one hundred percent of the regulatory base.”
Victoria has always had a vocation as a nurse. He was nursing assistant and already married with a two year old girl, decided to make the race. Needed to work as assistant called her little. He finished his studies in three years and took 13 license plates honor. Later he graduated in Anthropology. “I have been very active all my life woman; I have never been afraid of anything and I’ve thrown everything. Why this disease has caught me … (sobbing) because seeing me so limited, it is as if I had suddenly thrown twenty years. ”
Victoria is aware that will have to fight for life fibromyalgia, but thanks to the specialized help that found in patients with fibromyalgia association that exists in Granada is not intended to give up. During the conversation with IDEAL, just let see her smile to ask permission to make a kind of section “Acknowledgments”. He quotes Ana, his gym teacher in the association, and Arantxa, his psychologist, “which is wonderful.” Also praises the work of Miguel, his lawyer; He considers that it has been “in good hands”. And do not forget Dr. Salvatierra “son”, or Don Enrique Raya, Head of Rheumatology, who was his teacher and bearing monitoring.