The Superior Court of Justice (TSJ) of the Basque Country has confirmed the decision of the National Social Security Institute (INSS) that denied permanent disability (IP) to a worker in the chemical sector who, according to ruling 2273/2025, could suffer from “probable fibromyalgia.” Despite the medical reports presented by the worker and the alleged limitations, the magistrates understood that her condition does not prevent her from carrying out her usual profession, which is why they have rejected her appeal.
The worker, born in 1978, had her position in a chemical industry plant, where she worked as an operator. She was affiliated with the General Social Security Regime and in September 2023, the INSS decided that it would not grant her any degree of disability because it considered that the ailments she had presented did not reach a sufficient level of mere functionality to justify permanent disability.
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In her request, the worker attached a diagnosis of myofascial pain syndrome and arthromyalgia with probable fibromyalgia, as appears in the file. He had been prescribed anti-inflammatories, escitalopram and amitriptyline, but they did not improve the problem.
The reports signed by the doctor reflected that the involvement occurred mainly in the right upper extremity and back, without mobility limitations or loss of muscle strength.
Given the refusal of the INSS and the rejection in the first instance, he judicially demanded that he be recognized with absolute permanent disability or, in a subsidiary manner, total. He indicated that he could not continue performing tasks with high physical effort.
What the Social Court of Vitoria Gasteiz said
The Social Court number 1 of Vitoria Gasteiz decided to dismiss the worker’s claim, thus agreeing with Social Security. It concluded that despite the ailments it had acknowledged, the worker retained the functional capacity necessary for her usual profession, which is why they could not grant her permanent disability.
The ruling indicated that fibromyalgia was not clinically confirmed and that the limitations described did not prevent the performance of her activity as an operator, as there was no restriction on mobility or muscle strength. Furthermore, the use of medications did not affect their ability to work.
The TSJ confirms the first instance decision
The Superior Court of Justice confirmed in a ruling dated October 28, 2025, the resolution of the Social Court, rejecting the appeal, considering that there is no sufficient basis to declare absolute or total permanent disability.
The Chamber clarifies that the evidence provided by the worker, among which was a report from the Hospital Clínic of Barcelona, is not sufficient to contradict the official medical report of the administrative file, which was considered more objective and complete. Remember that the appeal does not allow an ordinary review of the facts, unless an obvious error is demonstrated, and that has not happened in this case.
Thus, it concludes that the worker’s ailments do not reach the degree of functional impairment provided for in article 194.4 of the General Social Security Law (LGSS) as there is no psychological affectation or severe limitation in the performance of her usual work.