An administrative with breast cancer with metastasis and multiple physical, psychological and cognitive sequelae, has made the Superior Court of Justice of the Rioja recognize the absolute permanent disability, after social security is denied. The court understands that the ailments he suffered were more than enough to grant the absolute degree, which is the prevents working in any type of profession, so it will charge a life pension equivalent to 100% of its regulatory base, which is in the 2,231.19 euros per month.
The woman, who worked as administrative was diagnosed with a infiltrating ductal carcinoma of left breast with ganglionic metastases. Because of this, he had to start a temporary disability decrease in order to undergo a mastectomy with axillary lymphadenectomy and face hard oncological treatments (chemotherapy, radiotherapy and hormone therapy) that left permanent sequelae.
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The impact of the treatment was not only physical, with chronic pain, fibromyalgia and functional limitations, but also psychological, since it developed a moderate depressive episode and progressive cognitive impairment, with memory problems, concentration and attention.
After exhausting the maximum duration of temporary disability and seeing that it was impossible to return to his job, he asked Social Security to recognize the permanent disability being this denied. According to the letter of resolution, this explained that the injuries “do not reach a sufficient degree of their work capacity” and that they only limited it for jobs with “moderate physical and emotional requirements.”
As I did not agree, the woman filed a claim, but being this again denied. According to the complementary medical opinion, although it recognized limitations by carpal tunnel syndrome and lumbar arthrodesis, it understood that the patient was “limited at this time for moderate physical and emotional requirements” but not incapacitated in absolute sense.
Right to absolute permanent disability for the sequelae of cancer and other pathologies
Upon arriving in court both in the first instance of the Social Court No. 2 of Logroño and later before the Superior Court of Justice of La Rioja corrected the Social Security decision and gave the woman reason for the absolute permanent disability, that is, the one that disables for every profession.
Although the Social Security defended that the ailments only limited physical works, but did not prevent sedentary occupations, arguing that the administrative profession “is eminently sedentary and allows postural changes” and that there were even “sedentary professions with lower intellectual requirements” that the worker could still perform, the court did not think so.
The TSJ explained that already in the administrative file they consisted of reports that collected symptoms of depression, memory loss, difficulties of concentration and chronic pain, concluding that these were “determinants of the recognition of absolute permanent disability by not subsisting a rest of work capacity compatible with the performance of sedentary or light works in the due conditions of professionalism and efficiency”.
The impossibility of carrying out any work activity
The key that we must take into account in this judgment is that, in order for the Court to recognize the absolute permanent disability was the joint impact of the consequences derived from cancer and other associated ailments. That is, it was not a single physical limitation, but rather a picture in which polyarticular pains, moderate cognitive impairment, anxiety and depression, which as a whole made incompatible with a work performance with continuity, effectiveness and performance were added.
That is why they recognized the permanent disability, since to grant it it does not depend on suffering from a disease (there is no official social security list to grant a permanent disability) and yes, how they affect when developing a work activity.
Therefore, the Court confirmed that the woman had the right to receive a life pension equivalent to 100% of her regulatory base (2,231.19 euros per month), with the possibility of review if in the future an improvement was accredited, as provided for article 200 of the General Law of Social Security.