The Superior Court of Justice of Andalusia has recognized the absolute permanent disability of a crane operator with breast cancer that spread to the lung, for which he will receive a lifetime pension with 100% of a regulatory base of 1,734.12 euros. Although Social Security recognized him in full, the court understands that his injuries worsened during the judicial process, in addition to the fact that the treatment damaged his liver.
This worker underwent surgery in 2018 with a mastectomy (removal of the breast) and in May 2023, at which time he was 58 years old, Social Security recognized his total permanent disabilitywhich limits the usual profession, if applicable, a position as an operator in the operation of cranes, forklifts and machinery, but with the possibility of devoting himself to another profession compatible with his limitations.
The problem is that the worker was not satisfied, since he requested absolute permanent disability, which prevents him from working in any type of activity and that, unlike the total disability, where 55% of the regulatory base is paid (75% if you are 55 years or older and do not work), in this case you receive 100%.
Even so, the Social Court number 8 of Malaga agreed with Social Security, since it only assessed his condition when his case was examined and any worsening was left for a later review. This is because permanent disability, although it is a lifelong pension, is reviewed from time to time and the grade can be raised or lowered or the benefit terminated.
What got worse during the trial also counts
According to the ruling (available at the Judiciary), the TSJ corrects this decision and allows the ailments that appear or worsen later to be assessed if they are linked to the disease of origin, and cites among others the ruling of the Supreme Court of May 31, 2023. For this reason, it considers “Pulmonary Metastasis and Mediastinal Adenopathy” and a chronic liver disease caused by anti-cancer drugs as proven, as stated in the 2025 digestive reports.
The Chamber concludes that, given the ailments, the worker cannot work in any work activity with a minimum of efficiency. Furthermore, remember that the doctor already noted in a March 2023 report the suspicion that the cancer had progressed since 2021 and, therefore, recommended reviewing the degree of disability in one year, “given the uncertain evolution.”
Now, he will not collect the absolute pension from 2023 (the date on which Social Security recognized the total), since the Chamber applied the ruling of the Supreme Court of April 16, 2026 (recourse 4041/2024), in which it states that when the worker’s health worsens during the trial, the new pension is paid from the day on which this deterioration is demonstrated. In the case of this worker, since September 21, 2025, which is the date of the report where the liver damage was recorded, so he will not be able to collect 100% of his base for the previous time.
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What it does achieve is to stop paying personal income tax, since article 7 of Law 35/2006 (available in this BOE) exempts all Social Security absolute permanent disability pensions from this tax.