She tried to introduce into social security a permanent disability pension, traditionally known as a disability pension, but she was caught at a Sánchez rally moving in an agitated manner to cheer Pedro Sánchez. The case ended in a trial. The band de Sánchez claimed that he suffered a serious permanent arm injury that prevented him from working, but precisely what moved the most in front of the PSOE leader were his members, applauding him wildly. The images were taken by the social security mutual that had to respond to the initial request of this worker. It hired a detective and recorded him like this at a rally of Sánchez in the Canary Islands.
The case has been the subject of a lengthy legal dispute. The case is now in the hands of the Superior Court of Justice of Las Palmas. A key piece of evidence is that the recording made by a detective company that captured this woman at a rally of the PSOE leader applauding wildly even if he assures that he suffers”“chronic pain” that completely prevents you from working. She is an employee of a bakery company where she worked as a saleswoman “with bread shipping functions.” As revealed by OKDIARIO, the Social Court number 2 of Las Palmas ruled that she should not benefit from absolute permanent disability for any profession, as she had requested from the National Social Security Institute. In the second instance, the TSJ requested more data to resolve the appeal.
At trial, the detective confirmed his report. He conducted seven days of surveillance during which he captured the person investigated on three occasions. At that time, she was recorded doing physically demanding movements such as “dusting with force and pressure, on the window of his home, a pair of slippers”, “a movement that he performed with his arms open from the outside to the inside and in a row”, says the expert. The detective also tracked the employee “while he was participating in a gathering celebrating the presence of the President of the Government, Pedro Sánchez, and during which the expert applauded”. with an attitude of enthusiasmopening his arms and continually colliding the palms of his hands, as well as raise your arms to capture images with your mobile.
The expert, from the company Grupo D13 Detectives, “concluded that, given his physical condition, he could be seen walking and moving.” with complete normality, flex and extend her right elbow without apparent difficulty. However, she claimed that she could not perform these movements.
The employee, aged 62, occupies a job category of Stock Clerk supermarket and works in a bakery in an industrial area in El Goro (Las Palmas). She filed an administrative application to have her declared permanently disabled. But Social Security, in July 2019, following an opinion from the Disability Assessment Team, concluded that “was not affected of any Permanent Disability since the injuries presented were not disabling. Shortly thereafter, he took temporary disability leave, alleging an accident at work while he was loading ten boxes of goods when he hit his elbow. Although the Social Court number 9 of Las Palmas cancelled this leave, he was later granted another leave due to a problem with a toe.
The worker, unhappy because Social Security did not accept her permanent disability file, appeals to the courts. The mutual insurance company in charge of the case called upon the aforementioned detective office and the aforementioned audiovisual evidence was consulted, as well as a medical report.
“Any daily activity”
In response to the investigation body’s expertise, the party concerned submitted a medical expertise ordered at his request. This document assures that he suffers “right elbow painwhich is transmitted to the forearm, wrist and fingers, loss of hand strength, limitation of elbow mobility in all ranges of motion, anxiety pictures in the face of helplessness in the face of chronic pain and attention deficit and concentration, and all this with the limitations to carry out activities of wash your head, brush your teethsplitting meat, sweeping, twisting fabrics and mops, carrying weights exceeding 3 kilos with the right arm, etc., triggering a psychiatric pathology consisting of an anxiety-depressive syndrome. She concluded that “such a condition prevents the applicant from performingr any activity other than the basics of daily life”The doctor argued that some of the pathologies examined do not have their cause in work accidents, such as “fibromyalgia and others of a psychiatric nature.”
The mutual medical report, drawn up by a doctor specialising in traumatology and orthopaedic surgery, confirmed that “the condition does not incapacitate him in the exercise of the professional activities he carried out, namely the dispatch of bread, which does not present symptoms of acute pain in the movements and that he can see his healing total mobility with a third surgical intervention recommended by the mutual insurance company.
After having studied and analyzed these steps, the court of first instance rejected the request permanent disability pension. Subsequently, the worker appealed again and the TSJ asked the original judge “a factual account This allows us to know the factual premise on which the judicial decision is based, allowing the resolution of the appeal. It does not go into the merits and will await a new, more detailed decision from the original court.
