The Superior Court of Justice of Catalonia (TSJC) has recognized the pension for permanent total disability for the usual profession to a foundry operator diagnosed with a herniated disc, lumbar disc disease and low back pain chronic, which causes serious limitations to carry out the demanding physical tasks of his work day. In this way, the worker will have the right to a lifetime pension of 3,000.51 euros per month. This ruling comes after Social Security initially denied permanent disability, considering that his injuries did not prevent him from carrying out his profession.
According to the sentence STSJ CAT 8799/2024this man, a 43-year-old foundry worker, saw his ability to work seriously affected after suffering a non-work accident that left you with chronic injuriesincluding a surgically treated herniated disc and persistent low back pain. Faced with this situation, in 2022 he decided to request that Social Security recognize his permanent disability, but this was denied despite the medical reports proving his limitations. According to the Disability Assessment Team (EVI), the consequences were not disabling enough to justify the recognition of disability.
Not satisfied, he submitted a claim to Social Security in order for it to change its criteria, but it was rejected. Faced with this situation, he decided his case to the court in order to recognize permanent disability.
Total permanent disability
Before the Social Court number 28 of Barcelona, this worker argued that the consequences derived from his non-work accident, such as a L5-S1 disc herniation, chronic low back pain and neurogenic claudication, prevented him from carrying out the demanding tasks of his usual profession. foundry operator. During the trial, medical reports were presented that confirmed these limitations and their impact on the worker’s work capacity.
The Social Court determined that Saturnino had the right to permanent disability for the usual professionrecognizing the right to receive a lifetime pension of 3,000.51 euroswith retroactive effects from February 2022.
Not satisfied, Social Security appealed the ruling before the Superior Court of Justice of Catalonia (TSJC), alleging that the plaintiff’s injuries were not serious enough to justify the recognition of total permanent disability.
His limitations prevent him from developing his work activity
The TSJ of Catalonia examined the arguments of the INSS, especially its request for review of proven facts, and concluded that the medical reports presented by the worker clearly demonstrated their functional limitations. These reports, which included recent public health assessments, refuted the Social Security allegations and confirmed that Saturnino’s injuries prevented him from doing his job. Furthermore, the court determined that the legal assessment of the initial sentence was correct and that the worker’s limitations met the requirements. requirements established in article 194 of the General Law of Social Security to be considered disabling.
For all these reasons, the TSJC dismissed the Social Security appeal and fully confirmed the ruling of the Social Court, thus recognizing Saturnino’s right to total permanent disability, with a lifetime pension of 3,000.51 euros.