He Superior Court of Justice of Madrid (TSJM) has issued a ruling in which it endorses the recognition of the total permanent disability for his usual profession to a housekeeper 67 years old suffering from osteoarthritis in both hands and cervical and lumbar wear.
The High Court thus rejects the appeal filed by the National Social Security Institute (INSS) and the General Treasury of Social Securitywho consider that the injuries suffered by the worker do not prevent her from working normally.
The domestic worker, represented by the Jiménez Bidón Law Firm, asked Social Security to recognize her work disability in 2023. In February of that year, The INSS denied him any degree of disability due to the injuries suffered not reaching a sufficient degree of reduction to constitute a permanent disability.
In the report of the Disability Assessment Team it is confirmed that the worker suffers from osteoarthritis in both hands, right rhizarthrosis, cervical and lumbar spondialoarthrosis without evidence of radiculopathy, and fibromyalgia. Pathologies, all of them, cataloged as “chronic and degenerative” in medical reports.
The worker’s primary care doctor determined that she could not perform her job because it involved physical effort of hands and feetand given his grade III osteoarthritis.
After the INSS denied her total permanent disability, a Madrid Social Court, in a ruling of September 25, 2024, recognized the worker’s total work disability. However, the INSS appealed to the TSJM, which confirmed the previous ruling, recalling that, according to jurisprudence, the set of pathologies must be objectively assessed to see if the anatomical or functional limitations or reductions as a whole limit the actor’s work capacity.
Furthermore, these injuries must be considered by experts as permanent and foreseeably definitive, that is, incurable and irreversible and it must have been tested and finished medical treatment without effects.
In this specific case, the TSJM understands that it has been confirmed by both the report of the evaluating doctor, the report of her family doctor and the expert report presented by her lawyers that the most important pathologies presented by the worker They affect their upper limbs, and specifically their hands.
Taking into account that, according to the Professional Assessment Guide of the INSS itself, the requirements of domestic employees are grade 3 out of 4 for both the biomechanical loading of the hands, elbow, cervical spine and lumbar back, the TSJM considers “that cannot carry out the fundamental tasks of his profession with a minimum of dedication, professionalism and perseverance without causing additional or overlapping risks or continued suffering in their daily work”.
Therefore, the High Court ratifies the lower court ruling and confirms permanent total disability for the domestic worker, with the right to receive a pension corresponding to 75% of her regulatory base, with effect from February 8, 2023.
