The Superior Court of Justice of the Canary Islands has Recognized the absolute permanent disability to a cleaning employee with severe fibromyalgia, chronic low back pain and generalized joint pain after Social Security will be denied. In this way, the worker will have the right to a life pension of 100% of her regulatory base, set at 348.40 euros, although she may complement it with the minimum pension.
As detailed by the sentence, the 45 -year -old woman worked as a cleaners in Leroy Merlin, but since 2020, she was unemployed and perceiving an unemployment subsidy. His state of health began to get worse and according to his clinical picture The worker presented severe fibromyalgia with 18 positive trigger points, chronic low back pain with facetotary osteoarthritis in L5-S1generalized joint and muscular pain, persistent insomnia, extreme fatigue and depressive mood. Apparently these ailments caused him loss of rhythm, that is, that he was slower than usual for any execution of any work task, as well as a decrease in his performance.
So and due to this situation, the worker I request the Social Security to recognize the permanent disability, but it was denied by the disabilities assessment team (EVI). The Medical Court explained that its pathologies did not reach enough degree to have recognized any of the degrees of disability (there are four that are partial, total, absolute and great disability), as stated in 194 of the General Law of Social Security . In addition, it did not meet the minimum contribution requirements to be entitled to it.
After denial presented an administrative claim, but it was dismissed by the same arguments. Given this situation, he decided to take his situation to the courts demanding for it to Social Security, where finally the Superior Court of Justice of the Canary Islands, which finally proved him.
Right to absolute permanent disability
In the first instance, the Social Court No. 10 of Las Palmas de Gran Canaria gave the reason to Social Securitythat is, they did not grant him permanent disability. Despite these ailments, the court considered that the previous contribution requirements had not been accredited or that the worker was incapacitated for all types of work activity, which is why they denied it.
Dis disruption of this resolution, the affected filed an appeal for supplication before the Superior Court of Justice of the Canary Islands (Canarian TSJ) to reconsider its situation. This time, the TSJ revoked the decision of the Social Court and gave the right to the worker. For the Court, the pathologies suffered by the plaintiff, added to the lack of improvement with the applied treatments, permanently affected their functional capacity and made their reinstatement to the work world uninfused in Any profession.
To make this decision, the Court took into account prior jurisprudence on fibromyalgia and how its impact on work capacity should be evaluated. So, The court recognizes the worker an absolute permanent disability for any profession or tradewhich means that he will not be able to work in any profession and will be entitled to a life pension corresponding to 100% of its regulatory baseset at 348.40 euros per month.
Right to the minimum pension of absolute disability
In this sentence, two key points must can complement it with the complement to minimums in the pension. This provided that it meets the social security requirements that is not to overcome a threshold of income. For this 2025, the minimum amount of absolute disability will be between the 11,620 euros and 15,786.40 euros.
On the other hand, Social Security denied the inability pension for two reasons. First, he considered that the worker’s medical picture was not serious enough to justify the recognition of disability. Secondly, he argued that he did not meet the minimum price requirements required to access the benefit.
It must be said that when the permanent disability derives from an accident or a professional illness, a minimum price period is not required. However, if the disability originates in a Common disease or a non -labor accident, it is necessary to meet a minimum of quotes.
In this case, having the worker more than 31 years, he should have quoted at least a quarter of the time between 20 years and the date on which the disability was declared, with a minimum of 5 years quoted. In addition, a fifth of these quotes should have accumulated in the last 10 years, as explained by article 195 of the General Social Security Law.