The organization defended that, despite its serious limitations, it could continue carrying out a profession, for which it assigned only the total
The National Institute of Social Security (INSS) must grant absolute permanent disability to a Murcian truck driver, affected by a serious lung disease, to whom this body had only recognized it with the degree of total. This is established by a ruling issued by the Social Court number 4 of Murcia, which establishes, contrary to what was maintained by the INSS, that this pathology “causes the plaintiff a severe functional limitation that not only incapacitates him for the performance of his usual profession, but also for the development of any profession or trade.
The resolution issued by the head of that court, María Dolores Nogueroles, records that this carrier began the process in February 2019 to see his permanent temporary disability recognized, due to the fact that he suffered from emphythematous chronic obstructive pulmonary disease (COPD), with very serious airflow obstruction and desaturation on exertion, according to medical reports, for which he was forced to use a portable oxygen device to be able to breathe somewhat normally.
Despite this “severe functional limitation”, Social Security recognized him as totally permanent incapacity for his usual profession, assigning him a pension of 55% of the regulatory base of 1,347 euros. And this when considering that, despite his serious illness and the limitations it caused him, he was still fit to perform another job.
The INSS had granted him a pension of 55% of a base of 1,347 euros, and now he must pay him 100% of that amount
The person affected by this resolution filed a lawsuit before the labor jurisdiction, through the lawyer Alberto Pérez Morte, belonging to the firm Campmany Abogados, in order to claim that the disability be granted to him absolutely and, consequently, with a 100% pension. .
Now, the magistrate, after analyzing the circumstances of the matter, has estimated the claim in full and condemns the INSS to recognize the trucker’s absolute disability and pay him a pension of 1,347 euros, with effect from February 2020.
Against this resolution there is still an appeal before the Superior Court of Justice.