The Superior Court of Justice of Castilla-La Mancha has proved the reason to a 62-year-old cleaner, to collect the total permanent disability pension due to the failed back syndrome and osteoarthritis in the knees, chronic ailments that prevented him from being able to work in his usual profession. Social security had denied it when considering that it could perform other functions, but justice has dismissed it, so it entitles the benefit.
This woman, who worked as a cleaner in a hospital in Toledo, had been dragging health problems for years, which came from two lumbar spine operations and a picture of osteoarthritis on both knees, which caused her constant pain, in addition to serious functional limitations. As the sentence collects, in its clinical history they include diagnoses such as failed back syndrome, lumbociatalgia with claudication, degeneration of the lumbar intervertebral disc, as well as bilateral gonalgia and knee osteoarthritis. Despite the treatments of the pain unit, including infiltrations and radiofrequency, the evolution was negative, with reduced mobility, difficulty maintaining the standing and limitation to make efforts of their usual work.
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Due to his age and aggravation of his pains and ailments, he decided to request the permanent inability to social security, but it was denied. Apparently, the disabilities assessment team (EVI) or better known as the Medical Court denied it when considering that the injuries did not reach the entity sufficient to justify access to a pension.
Due to the refusal and after submitting a claim that was dismissed for “administrative silence” it decided to go to court, since their injuries and after several casualties due to temporary disability prevented him from working as a cleaner.
Right to total disability
Both the Social Court number 1 of Toledo and later the Superior Court of Justice of Castilla-La Mancha gave the reason to this worker to recognize the total permanent disability, that is, that the disqual one to work in his usual profession. Both courts agreed that women could not develop their professional activity due to their injuries, something that social security did not agree.
In the case of the TSJ, the court explained that although the worker was still in treatment in the pain unit, the recovery of her work capacity was already uncertain, which fits the legal definition of permanent disability. Consequently, she confirmed that the plaintiff could perform more light jobs, but not continue in her usual cleaning position. Therefore, a life pension equivalent to 55 % of its regulatory base was recognized, set at 1,628.58 euros per month.
Fall back syndrome
Fald back syndrome is one of the most frequent complications in people who have been operated on the spine. Specialists estimate that between 10 % and 40 % of those who undergo surgery of this type can develop this ailment, characterized by the persistence or worsening of pain after surgical intervention.
It is a complex pathology, difficult to treatment, which significantly affects the patient’s quality of life. Among its most common symptoms are:
- Chronic low back pain after the operation.
- Limitation of mobility and rigidity in the intervened zone.
- Difficulty staying a long time sitting or standing.
- Instability and weakness in the lower extremities.
- Need for continuous medication to mitigate pain.
Now we must clarify about this sentence that the TSJ of Castilla-La Mancha did not grant the pension only for the failed back syndrome, but by the set of ailments and, above all, for how these limitations prevented the worker from developing their work activity. On the other hand, Social Security does not grant a permanent disability for having a failed back or in other words, There is no list of diseases that disability is grantedsince everything depends on how that ailment affects the ability to work.