A painting professor, affected by a multiple myeloma and other pathologies such as Fibromyalgia, has made the Superior Court of Justice of Cantabria recognize a pension for absolute permanent disability, after social security was denied. For the court, cancer pathologies and other ailments are incompatible with any work activity, so their right to collect a life pension equivalent to 100% of its regulatory base is recognized.
The woman, who was an autonomous teacher, was diagnosed with multiple myeloma (a type of cancer), in addition to fibromyalgia, severe osteoporosis and an anxious-depressive disorder. These ailments caused a loss of mobility to suffer (including a prosthesis in the right shoulder with limitation greater than 50 %) as well as suffering strong physical and psychological wear.
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Due to this situation, the woman decided to request the recognition of the permanent disability to Social Security, but the disabilities assessment team (EVI) concluded that her limitations “do not reduce the labor capacity of the patient, or for her usual profession.” This is why Social Security decided to deny it, not recognizing any degree of disability.
Right to absolute permanent disability by multiple myeloma and other pathologies
In the first instance, Santander’s Social Court number 6 gave the right to the worker, considering that her clinical picture justified the recognition of the permanent disability in the degree of absolute. Not in accordance with the ruling, the National Social Security Institute and the General Treasury of Social Security filed an appeal for the Superior Court of Justice of Cantabria.
In this resource, Social Security defended that “the ailments do not reduce the labor capacity of the patient, nor for her usual profession” and that, therefore, the requirements of article 194 of the General Law of Social Security were not met. In his opinion, the limitations were not serious enough to prevent him from continuing to exercise his work as a painting teacher.
The TSJ corrected social security and ratified the first instance sentence, recognizing that the woman had the right to the absolute permanent disability pension. The court explained that the “serious physical and psychic limitations joint” derived from its multiple myeloma, fibromyalgia and severe osteoporosis, together with the side effects of oncological treatments, make any professional performance unfeasible.
Impossibility of doing any work
The key to this sentence is that the court understood that the pathologies, taken together, cancel the worker’s work capacity beyond a specific ailment. The ruling details that fibromyalgia causes generalized pains, osteoporosis has caused fractures that forced a shoulder prosthesis with limitation of more than 50%, and cancer treatments have been left immunodepressed, with recurrent infections and strong physical wear.
The TSJ concluded that all this “is incompatible with the performance of any job with the normal efficacy enforceable in the workplace.” Therefore, he confirmed his right to receive a life pension equivalent to 100% of its regulatory base, set at 865.97 euros per month. Of course, as established in article 200 of the General Law of Social Security (it can be consulted in this BOE), the pension may be reviewed in case an improvement in its health status.