The Superior Court of Justice of Castilla-La Mancha has recognized the absolute permanent disability of a worker who suffered from several illnesses and to whom Social Security had only granted the total degree. The man, who had worked as a bricklayer and later as a laborer in a manufacturing industry, suffered, among other pathologies, liver cirrhosis and severe osteoarthritis in both hips, which caused him significant difficulties in standing, walking and even sitting.
Justice considers that these limitations prevent him from carrying out any profession under reasonable conditions, so he will be entitled to a pension of 100% of his regulatory base of 719.76 euros per month, with retroactive effect from February 2023.
The affected person, born in 1961, had an extensive medical history that included liver diseases, digestive and neurological problems, psoriasis and operations on both knees. These ailments had already led to the Court recognizing him in September 2011 as having a total permanent disability for his profession as a bricklayer.
After requesting recognition of a higher degree of disability, the National Social Security Institute (INSS) recognized him, in February 2023, a total permanent disability for his profession as a laborer in the manufacturing industry. The worker claimed to be recognized as absolute, but the INSS upheld its decision in September of that same year.
For this reason, he went to court, but the Social Court number 2 of Guadalajara also rejected his claim and agreed with Social Security. He considered that his main illness was coxarthrosis, a degenerative pathology for which he was awaiting prosthetic surgery. Furthermore, he understood that no new ailments or different limitations had been proven.
The TSJ of Castilla-La Mancha recognizes his absolute permanent disability
The court explained that, to recognize an absolute permanent disability, it is not enough to take into account the diseases suffered by the worker, but also the limitations that these cause. In this case, your health problems prevent you from carrying out any job, even those that require less physical effort or that can be done sitting, with minimum conditions of continuity, safety and effectiveness.
In this sense, the Court noted that the worker’s current limitations were more serious than those assessed in 2011. While then they mainly affected the performance of physical efforts, lifting loads and certain movements, now they also made it significantly difficult for him to stand, walk and sit.
Likewise, the fact of being pending a prosthesis does not change this conclusion, since, in accordance with article 193.1 of the General Social Security Law (LGSS), a possible uncertain or long-term recovery does not stop the recognition of disability. For all these reasons, the court recognized the degree of absoluteness, without prejudice to a future review if it improves.
The minimum pension for absolute disability with a dependent spouse would reach 1,433 euros per month, 14% more, but the total for those under 60 years of age would only increase half of the extra.
Justice confirms the absolute permanent disability on a basis of 3,389.10 euros for a worker to whom Social Security certified that it already paid his pension without doing so
The sentence was not final and could be appealed in cassation before the Supreme Court.