THE COURTS CONFIRMED THAT FIBROMYALGIA IS GROUNDS FOR DECLARING PERMANENT DISABILITY

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

The statement refers to a case of a woman, operaria chemical industry, which suffered a picture of recurrent major depression without psychotic symptoms serious nature, neck pain and degenerative process without root involvement, fibromyalgia and CFS.

In its ruling, the Supreme Court of Catalonia emphasizes the settled jurisprudence on setting the LGSS ago on disability, which states that “the assessment of permanent disability must be done in response primarily derived functional limitations of the sufferings of employee”.

For the Chamber, the disability must be understood as the loss of capacity for serious anatomical or functional reductions that reduce or nullify the labor capacity, and without that would inhibit the rating the possibility of recovery of working capacity when it is present as uncertain or very long term.

That is, not only must not only be recognized when it lacks any physical possibility for any professional work, but also when even keeping skills to perform some activity, do not have to do it with minimal effectiveness, as the realization of any job, even however simple, requires a schedule requirements, movement and interaction, as well as diligence and attention.

In case, the patient’s ailments make up a picture that “prevents the proper performance of all kinds of work, including sedentary tasks and lightweight nature that do not require the performance of especially intense physical efforts.”

“At the present time is affected by a major disorder of a serious nature that occurs with sufficient intensity to cancel its labor capacity, to which the other degenerative ailments are added,” the ruling.

The applicant has recurrent major depression without psychotic symptoms serious nature, neck pain and degenerative process without root involvement, fibromyalgia and CFS.

Therefore, the TSJC dismisses the appeal for reversal filed by the National Institute of Social Security (INSS) against the judgment already rendered the Labour Court 1 Girona in 2013.

IPA situation of a social educator with fibromyalgia and CFS

The Social Chamber of the Supreme Court of Catalonia, in judgment No 1403/2015, of 24 February (Rec. 6239/2014), also said the situation IPA for all work of a social educator with fibromyalgia and chronic fatigue syndrome , confirming the judgment of the Labour Court and dismissing the action brought by the National Institute of Social Security.

The worker paid services which educadora- suffered a syndrome very advanced fibromyalgia and chronic fatigue, grade III, coupled with chronic depressive disorder, mild cognitive impairment and antevenido carpal tunnel syndrome, among other diseases.

Consider the Chamber and only by the severity of fibromyalgia and chronic fatigue, the degree suffered, it must be recognized that even with skills to do some activity, lacks real authority to consummate work with some effectiveness.

It is pathologies by intense pain they cause, seriously undermine the productive capacity, in terms of performance, capacity and efficiency, and without that they can perform light work simply no more to rebut the disabling situation into consideration appreciated instance permanent and absolute.

On setting the LGSS ago on the absolute permanent disability is large jurisprudence that has been responsible for pointing outthat such a degree of disability should not only be recognized when it lacks any physical possibility for any professional work, but also when while maintaining skills to perform some activity, do not have to do so with minimal effectiveness, since the performance of any work, even however simple, requires a schedule requirements, movement and interaction, as well as diligence and attention.

The disability must be understood as the loss of capacity for serious anatomical or functional reductionsthat reduce or nullify the work capacity , and without that would inhibit the rating the possibility of recovery of working capacity when it is present as uncertain or very long term .3918822_640px

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