According to Spanish courts, fibromyalgia is the reason for declaring absolute permanent disability. This was concluded in a recent ruling (S 1403 / 2015, Feb. 24 (Rec. Supplication 6239/2014) in the TSJ in Catalonia, with fibromyalgia and chronic fatigue syndrome now a reason for “permanent disability”. The ruling was made after a case of a woman (an operator in a chemical company) suffering from major depression, cervical pain and degenerative processes without root involvement was confirmed to be permanently disabled due to fibromyalgia. The court assessed that “the assessment of permanent disability must be made primarily according to the functional limitations resulting from the sufferings of the worker”.
The court says that the inability to be understood by the loss of anatomical or functional capacities that diminishes or nullifies the labor capacity should be recognized. Not only it should be recognized when a person lacks physical ability to perform any labor work, it should also be recognized when the worker retains the skills to do any work with minimum efficiency, even in simple procedures.
In the case of the woman, the court ruled that the condition “prevents the proper performance of all kinds of work, including nature sedentary and light tasks which do not require particularly intense physical efforts. At the present time is affected by one major disorder of a serious nature, that occurs with enough intensity as to nullify their labor ability, to which are added other degenerative ailments.” The woman was suffering from major depression with no psychotic symptoms, cervical pain as well as degenerative processes without root involvement, fibromyalgia and chronic fatigue syndrome. The court ruled that she is disabled, and dismissed the appeal of the Instituto Nacional de la Seguridad Social (INSS) against a sentence already handed down the Labour Court 1 of Girona in 2013.
There was a similar case of a worker suffering from fibromyalgia and chronic fatigue syndrome who had the same outcome. The man was suffering from level III fibromyalgia and CFS, along with chronic depressive disorder, mild cognitive impairment and carpal tunnel syndrome. The court ruled that although the man had the skills for some activities, he lacks the power to do advanced physical work.
The condition can cause intense pain that can significantly undermine the productive capacity of a person in terms on performance, capacity and efficiency. Without the fact that lightweight work is sufficient for the debilitating condition, the condition should be considered disabling. The courts say that this degree of disability shouldn’t only be recognized when the person lacks any capacity for labor work, but also when they aren’t available to perform any work with minimum efficiency, no matter how simple it is.