A baker from Mercadona, who was affected by a recurious discourse and chronic lumbar pain among other pathologies, has managed to recognize the total permanent disability for his usual profession, after social security it will denied it. The Superior Court of Justice of the Valencian Community considers that these pathologies prevented him from developing his professional activity, not to mention that Mercadona made an objective dismissal due to ineptitude for not being able to perform the functions of his position, so he will be entitled to a life pension equivalent to 55% of his regulatory base.
The man worked in the section of the Bakery of Mercadona and began to suffer several health problems, which after tests diagnosed him a recurd disc herniation, chronic lumbar pain, as well as an adaptive disorder with anxiety and depression. Due to these limitations and pain, it had to decrease due to temporary disability, which after exhausting the maximum duration of medical leave and seeing that it did not improve decided to request the permanent disability to social security, being this denied.
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According to the letter of resolution issued by the disabilities assessment equipment (EVI) the lesions did not have anatomical or functional reductions serious enough to justify the economic provision. Therefore, he ran out of the permanent disability despite the medical reports that collected their limitations.
After this denial, Mercadona chose to communicate an objective dismissal. In the letter, the company alleged ineptitude that is, noting that the physical limitations derived from its ailments (especially the restriction to lift weights and maintain prolonged postures) prevented it from developing the functions of its bakery operator post. For everything and due to the incongruity, the worker decided to go to court.
He had the right to total permanent disability after the negative social security
Upon reaching the courts, both the Social Court number 2 of Elche and later the Superior Court of Justice of the Valencian Community gave the worker reason to recognize the permanent disability to his total degree, that is, the one that disables for his usual profession of bakery operator.
Social Security defended that the employee was not “tax of permanent disability” because, in his opinion, he did not present serious anatomical or functional reductions that decreased or canceled his work capacity and therefore, he did not meet the requirement required in article 194 of the General Social Security Law.
But the TSJCV explained that this was not so, since the accredited ailments, added to the adaptive disorder with anxiety and depression, disable him to perform the fundamental tasks of his trade, characterized by intense physical demands on the lumbar column.
Chronic pain and the impossibility of working
The key to this judgment is that the court understood that the pathologies, taken together, make the worker continue to perform his profession in Mercadona. The ruling includes that your health status translates into “chronic pain that needs to be treated with epidural blockages, which incapacitates you to perform tasks that involve the load of important weights, to which a mixed adaptive disorder with anxiety and depression is added.”
For all this, the TSJ explained that these limitations were incompatible with a position that requires manipulation of charges, forced positions and continued efforts, which fully justifies the declaration of total permanent disability. Therefore, he confirmed his right to receive a pension equivalent to 55% of its regulatory base (the regulatory base was 1,989.73 euros).