Social Chamber of Catalonia TSJ in a recent judgment, S 1403/2015 of February 24 (Rec. Suplicación 6239/2014), Fibromyalgia and chronic fatigue syndrome (SFC) are grounds for declaring a “permanent disability”
The statement refers to a case of a female chemical industry operating which suffered from the most recurrent depression and which presented psychotic symptoms, without gravity, without neck pain or degenerative process without involvement of the root, fibromyalgia and CFS.
In its judgment, the Supreme Court of Catalonia underlined the constant case law on the definition of LGSS disability, which stipulates that “the assessment of permanent disability must be carried out mainly in terms of functional limitations. suffering of employees. ”
For the Commission, invalidity must be understood as the loss of the serious reduction capacity, anatomical or functional, which reduces or eliminates the capacity to work, without hampering the classification of the capacity to regain a capacity for work even if it is uncertain or very long-term.
In other words, not only should you not count when it is physically impossible for a professional job, but you must also keep the capacity to execute any activity so as not to do it with minimal efficiency, because the execution Any work, even a simple one, requires planning, the demands of movement and interaction, as well as care and attention.
In this case, the patient’s illness must become an image which “prevents the correct performance of all types of work, including sedentary tasks and gentle nature which do not require the performance of particularly intense physical efforts.” ”
“Right now, the severity of the disease is affecting enough intensity to negate your ability to work, compounded by other degenerative diseases,” said the president.
The candidate suffers from recurrent major depression without severe psychotic symptoms, neck pain and degenerative processes without involvement of the root, fibromyalgia and CFS.
Consequently, the TSJC reversal rule proposed by the National Social Security Institute (INSS) against the decision already rendered by the Labor Court 1 of Girona in 2013.
the IPA situation of a social worker suffering from 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 declared that the IPA situation for all of the work of a social educator with the fibromyalgia syndrome and chronic fatigue, confirms judgment of the labor court and dismissed the appeal brought by the National Institute of Social Insurance.
services to paid employees who suffered from a very advanced syndrome of fibromyalgia education and chronic education, stage III, with chronic depressive disorder, mild cognitive disorders, antevenido carpal tunnel syndrome and other diseases.
Consider the Chamber and that, given the severity of fibromyalgia and chronic fatigue, the degree suffered, it must be recognized that, despite the skills required to carry out 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 production capacity in terms of performance, capacity and efficiency, and without being able to do light work, it is simply not to refute the disabling situation in consideration a permanent and absolute example appreciated.
In LGSS, the return to permanent disability is an important case law which has been responsible for clarifying that such a degree of disability should not be recognized only if it is physically impossible for a professional job , must do so with efficiency minimal , since 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 the capacity for severe anatomical or functional reductions which reduce or eliminate the capacity to work , and without preventing the classification of the capacity to regain a capacity for work when it is present as uncertain or at very long term