A saleswoman of the supermarket of the mall that The English Court has in Murciawith obsessive-compulsive disorder, trigeminal neuralgia, cervicobraquialgia and other pathologies, has made the Superior Court of Justice of Murcia recognize the total permanent disability, after social security denies it. Justice understands that the ailments prevented him from working in his usual profession of a clerk, so he will charge a life pension equivalent to 55% of his regulatory base.
This clergy worker of El Corte Inglés begins a proper medical decline after being diagnosed with an obsessive-compulsive disorder (known as TOC) to which other diseases such as the neuralgia of the right trigeminal, cervicobrachalgia, subclinical hypothyroidism and a multinodular goiter were added. Given this situation and after exhausting the maximum duration of temporary disability decided to request the permanent inability to social security which was denied.
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After the review carried out by the Social Security Disabilities (EVI) team (EVI), he explained that the pathologies “did not suppose a sufficiently serious decrease in their work capacity to grant any degree of permanent disability.” That is, I could continue working.
Despite the opinion of the Medical Court, the worker continued to suffer important limitations to perform her work as a clerk, a position that demands attention, organization and direct treatment with clients, responsibilities incompatible with her health problems. After submitting an administrative claim that was equally rejected, he decided to go to court.
Psychiatric inability as a mental burden of your position
Sabrina explained that she suffered a complex clinical picture formed by an obsessive-compulsive disorder (TOC), right trigeminal neuralgia, cervicobraqualgia, subclinical hypothyroidism and a multinodular goiter. In addition, he said that his day to day was marked by “obsessive thoughts of contamination, lack of relaxation and leisure, a certain tiredness and devitalization, stressful problems of daily life that affect the home and family, anxiety.”
Social security defended that the cancellation of previous medical highs was not enough to justify a permanent disability, since the criteria for assessing this benefit are different from those of temporary disability. In order for this degree to exist, he recalled, serious and objectively accredited functional limitations must attend that reduce or cancel work capacity.
The Superior Court of Justice of Murcia, however, stressed that the obsessive-compulsive disorder is the ailment with the highest disabling effect in this case, and that it had to be analyzed based on the demands of its work as a saleswoman, an occupation that requires constant treatment with customers, organization and high attention.
When checking that there were no signs of improvement and that their recovery occurs uncertain, the magistrates concluded that the worker is unable to perform her usual profession, although the possibility of review is left open if in the future a positive evolution is accredited. “The possibility of recovering its work capacity is not an obstacle to this conclusion, since it is medically shown as uncertain or long term,” the sentence collects.
The impossibility of working as a saleswoman
The key to this sentence is that it was not a single isolated ailment, but a complex picture that added neurological, endocrine and, above all, psychiatric problems, being the obsessive-compulsive disorder that most incapacitated the worker. Together, these pathologies were incompatible with the performance of such a demanding profession in contact with the public, which requires constant attention, communication and response capacity.
For this reason, the judges confirmed that the woman had the right to receive a life pension equivalent to 55% of their regulatory base (789.01 euros per month), with the possibility of review if in the future an improvement was accredited, in accordance with the provisions of article 200 of the General Law of Social Security.