The Superior Court of Justice of Cantabria has forced the National Institute of Social Security (INSS) to recognize the qualified total permanent disability for her profession of a cleaner who suffers consequences in both hands after several failed operations due to “Dupuytren’s disease.” The court determines that the injuries are “incompatible with essential cleaning tasks” and therefore, has confirmed his right to receive a lifetime pension equivalent to 75% of his regulatory base, set at 1,202.64 euros per month, which represents a benefit of 901.98 euros per month.
It all starts when this woman who worked as a cleaner has to undergo several surgical interventions on both hands due to Dupuytren’s disease (a condition in the fibrous tissue that limits mobility), all of which were unsuccessful. Due to this situation, he decided to request permanent disability from Social Security, which was denied.
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The opinion issued by the Disability Assessment Team (EVI) explained that she was not affected by permanent disability in any of its degrees. Despite the claim, it was denied, so this cleaner decided to go to court.
In court they agreed with him both in the first instance before the Social Court No. 1 of Santander and later before the Superior Court of Justice of Cantabria, after a claim from Social Security. In this way, the TSJ ruled in favor of the cleaner to collect the qualified total permanent disability, for which she will collect a lifetime pension of 75% of her regulatory base, set at 1,202.64 euros per month.
Incapacity for the fundamental tasks of your profession
In its allegation, Social Security explained an “improper application” of article 194.1.b of the General Social Security Law (can be consulted in this BOE). Despite this, the TSJ explained that due to his medical condition in which he had multiple surgeries in both hands due to Dupuytren’s syndrome, persistence of pain, paresthesias, inflammation and limitations in the mobility of the fingers that prevent precision, pinch or force movements.
For the court, these consequences are “incompatible with a profession with a two-handed component that requires strength and dexterity in both hands,” such as that of cleaning staff. Furthermore, the ruling explains that, although the worker is right-handed, the limitations affected both hands, which prevented her from using work tools normally and performing the basic tasks of her job, which involve physical effort, handling utensils and continuous movements.
For everything explained, the Court ended up concluding that this woman could not perform the most basic tasks for her profession as a cleaner “with the minimum efficiency and continuity required”, which justifies her right to total permanent disability.
Inability to carry out the usual profession
In this ruling, the key is that the court did not evaluate the pathology itself, but rather how it affected the worker. The fact of not being able to use his hands with a minimum of efficiency was sufficient reason to grant disability, as regulated in article 193.1 of the LGSS, which says that permanent disability must be evaluated based on the limitations that prevent the normal performance of the profession.
Now, the fact that he is granted the full degree means that he will not be able to work in his usual profession, but he will be able to work in a different one compatible with his injuries. That is why you are entitled to 75% of the regulatory base and not 100% as if you included the absolute degree.