The Superior Court of Justice of Castilla-La Mancha has recognized the Pension for absolute permanent disability to a Amazon employee due to the sequelae derived from several surgical interventions in the column. In spite of suffering pathologies such as grade II spondylolistesis, chronic pain and severe mobility limitations, social security initially denied the absolute permanent disability, granting only the total disability for your usual profession. Despite the resolution of the INSS, the Court considers that the injuries prevent not only to develop its usual activity as a warehouse, but any type of work activity, so it will charge a life pension equivalent to 100% of its regulatory base, which are 1,683.74 euros per month.
According to the sentence, in 2022, when this Amazon employee who performed functions such as warehouse, Ask Social Security to recognize permanent disability due to the sequelae derived from several surgical interventions in the column. The medical report detailed pathologies such as spondylolistesis grade II, lumbar arthrodesis, persistent chronic pain and severe mobility limitations, which prevented him from making physical efforts and maintaining prolonged postures.
Despite said report, the Medical Court or Disability Assessment Equipment (EVI) determined that Pathologies did not reach enough degree to grant it an absolute permanent disability For any profession, but for the usual profession. According to the opinion that appears in the sentence, the worker could make autonomous march, although with difficulties, and presented a reduced mobility, but “Absolute limitations were not evidenced that prevented him from performing any work activity”
In addition, social security resolution adds that “While the plaintiff presents limitations derived from their pathologies, they do not imply a complete loss of their functional capacity” In this way, it was determined that I could do more sedentary or light jobsso he was not incapacitated for another type of profession.
Although the worker tried to put a claim to be given the reason, Social Security denied it, arguing the same criteria, so he decided to go to the courts, with the objective granted by the absolute permanent disability.
Recognized absolute permanent disability
In the Social Court No. 1 of Toledo, the same He denied the recognition of disability To this Amazon warehouse waiter, that is, that he was not right when considering that, Although it presented serious ailments, these were not enough To have recognized the degree of absolute disability. In this sense, the court coincided with the INSS arguing that it could still perform more light or sedentary work.
After this dismissal in the first instance, this Amazon worker decides to put an appeal for supplication before the Superior Court of Justice of Castilla-La Mancha (TSJ CLM). Now, this Yes, the worker is right by recognizing the absolute permanent disability for any type of profession.
The injuries prevent you from doing any type of work
To recognize the absolute permanent disability, the Superior Court of Justice of Castilla-La Mancha (TSJ CLM) explained that the pathologies suffered by the worker, among which were spondylolistesis grade II, persistent chronic pain and reduced mobility, They prevented him from doing any work activityNot only warehouse boy, in addition to requiring constant medication to alleviate your ailments.
Not only that, in addition, the court took into account the initial evaluation of the disabilities assessment team (EVI), in which medical tests found a worsening of the worker’s health, with persistent pain and functional limitations that They prevented them from being in prolonged positions, making minimal efforts or even lead an autonomous life without difficulties. Given this panorama, the court concluded that the plaintiff met the requirements to be a beneficiary of a permanent disability to absolute degree.
The reason why the worker fought for the recognition of absolute disability lies in the economic difference between the degrees of disability. While with a total permanent disability would have the right to receive 55% of its regulatory base, with absolute permanent disability it amounts to 100%. As a result, this worker will receive a life pension of 1,683.74 euros per monthin addition to the amounts not paid from the beginning of your application, corresponding to the accumulated arrears.