The Superior Court of Justice of Asturias has recognized the qualified permanent total disability of a bus driver due to her depressive disorder, added to the harmful use of alcohol and cannabis. The court considers that all of these make it impossible for him to continue working in his usual profession, so he will charge a lifetime pension equivalent to 75% of a regulatory base of 2,500.42 euros per month.
The worker, who was a city bus driver, started a temporary disabilitythat is, a medical leave due to a common illness on February 8, 2022, when she is unable to practice her profession. Thus, as stated in the sentence, once the maximum duration of temporary disability has been exhausted, Social Security automatically begins the process to recognize or not recognize permanent disability. During that time she was in treatment due to various mental health problems and the aforementioned addictions.
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The Provincial Directorate of the National Social Security Institute denied it after evaluating the opinion of the Disability Assessment Team (EVI). According to this opinion, the driver “is not affected by permanent disability” based on articles 193 and 194 of the General Social Security Law (consultable in this BOE).
Given this situation, the driver had to return to her job or challenge this decision, as explained by lawyer Pablo Ródenas. So after a claim that was dismissed, he decided to go to court, since the woman had an “anxious-depressive disorder, harmful use of alcohol and cannabis, social problem and personality disorder.”
Right to permanent disability due to depression and addiction
Although in the first instance the Social Court number 1 of Oviedo did not agree with her because they were not faced with “a definitive ailment” which could be classified as “chronic”, she decided to appeal to the Superior Court of Justice of Asturias, who agreed with her.
In her appeal, the driver presented an updated medical report from the Therapeutic Center in which she said that she was admitted “to undergo detoxification treatment – secondary de-habituation due to THC dependence and alcohol consumption,” which made it evident that the “persistence” of her health problems and the lack of functional recovery.
The TSJ approved this review “since it adequately completes the worker’s clinical situation.” In addition, it was noted that the woman had a “deteriorated physical appearance, as well as lack of awareness of the disease, regular adherence to treatment and persistence of substance abuse and depressive disorder.”
For this reason, the Court ended by saying that given her profession as a bus driver, which “requires a perfect psychophysical state for her performance in conditions of her own safety and that of third parties,” the worker “is not qualified to carry out her fundamental tasks in adequate terms of presence, performance and safety.”
Thus and for everything explained, your right to total permanent disability derived from a common illness is recognized, with the right to a pension of 75% of a regulatory base of 2,500.42 euros. Over 75% of the regulatory base is due to access to qualified disability, that is, that which occurs when you are 55 years old and you don’t have a job.