The Superior Court of Justice of Catalonia has ruled in favor of Social Security and has refused to grant a man the absolute permanent disability pension that he had initially obtained in the first instance after declaring an aggravation of his injuries. For this court, the mere fact of being forced to wear an ileostomy bag permanently is not sufficient to grant this grade.
Since 2018, the affected person had been recognized as having a total permanent disability for his usual profession as a warehouse worker, due to the consequences of a surgery performed in 1998 (a total colectomy with permanent terminal ileostomy due to colon cancer) and the weakness in the abdominal wall that caused several hernias operated on in 2016, which was incompatible with the physical efforts of his work.
In 2023, he requested a review due to aggravation, which was denied by the National Social Security Institute (INSS). Once the administrative route was exhausted, he went to court, and the Social Court No. 3 of Barcelona did agree with him in July 2025, declaring him in a situation of absolute permanent disability with the right to a lifetime pension of 100% of his regulatory base (1,643.64 euros per month).
The trial court justified this increase in grade by arguing that, in 2020, the worker had suffered a new hernia and that in that intervention a permanent ileostomy had been placed, leaving him with a residual work capacity so diminished that it did not allow him to perform work with a usable performance.
The INSS appeals the sentence
At this point, the INSS, not satisfied, appealed the sentence, alleging a violation of article 194.5 of the General Social Security Law. To this end, he argued that the worker’s ailments did not disqualify him from any profession or trade, since the proven pathological condition allowed him to carry out light or sedentary work activities that do not require continuous standing.
For his part, the worker opposed the appeal, arguing that having an ileostomy limited all professional activity.
The TSJ of Catalonia removes his absolute permanent disability
The Superior Court of Justice of Catalonia detected an error in the assessment of the proven facts by the trial judge. This, as explained by the TSJ in ruling 1566/2026, based the absolute permanent disability on the belief that the ileostomy had become definitive in the 2020 operation. However, the medical report of the evaluating court (SGAM) made it clear that the permanent terminal ileostomy had existed since 1998.
For the court, the 2020 operation was motivated by a specific relapse (a second eventration), but did not imply permanent pathological progression. No sequelae appeared that were different or more limiting than those that the worker already presented in 2018 when his total disability was recognized.
On the other hand, it points out that, according to its own jurisprudence, the mere existence of an ileostomy does not disqualify one from carrying out work of a light and sedentary nature. As proof of this residual capacity, it is highlighted that the worker was actively working from 1998 to 2015 already wearing the stoma (the bag).
Thus, the court explains that, for there to be an aggravation that justifies the absolute degree, the clinical condition must have completely nullified the work capacity, a circumstance that it considers not proven in this case. Consequently, the TSJ of Catalonia upheld the appeal of the INSS and revoked the ruling of the Social Court No. 3 of Barcelona, denying him the step to the degree of absolute permanent disability and establishing that he should continue to receive the full degree.
This ruling was not final and an appeal could be filed against it for the unification of doctrine before the Supreme Court.