The Madrid Social Court has granted total permanent disability to a self-employed worker diagnosed with persistent Covid by confirming that the consequences of this disease affect the development of the self-employed worker’s professional activity, according to Europa Press.
According to the ruling, the self-employed podiatry worker, assisted by the Parrado Asesores law firm, had been diagnosed with persistent Covid, which caused her to be unable to take positions typical of her profession, to have long working hours and to aggravate her lesions in the form of severe muscle pain and headaches.
The plaintiff went to the Madrid court after obtaining a resolution refusing to recognize any type of disability by Social Security and demanding the recognition of absolute permanent disability, as well as a regulatory base of 888.90 euros from which to calculate the benefit that would correspond to you.
After matching the diagnosis collected by the disability evaluation teams (EVI) of the National Social Security Institute (INSS) with the expert report, the Madrid court recognizes that the pathologies mean that the plaintiff must be assisted in her daily life by others. people, which leads to them not being able to do their usual work.
Therefore, it upholds the claim regarding the granting of a total permanent disability, but not the absolute permanent disability requested by the worker, since, as can be seen from the ruling, it is not considered proven that the worker cannot carry out carry out sedentary work or teleworking.
Likewise, the ruling condemns the defendant administrations for the legal consequences that come with the recognition of total permanent disability, with the regulatory base being 888.90 euros.
“The peculiar thing about this case is that in the workplace of disabilities, being a self-employed worker is always more complex to explain the daily activity, the different tasks that are performed or the injuries that occur and that prevent over time from performing effectively. the tasks,” the lawyer from the Parrado Asesores firm in charge of the case, Cristina Alonso, commented on the court ruling.
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