He Superior Court of Justice of Catalonia (TSJC) granted permanent disability to a server assistant from Lleida who suffers from alcoholism. This judgment annulled the initial refusal of the Institute of Social security (INSS) to the incapacity and contrary decision of the Social Court 2 of Lleida.
The court considered that the profession of the person concerned involves be continually in contact with alcoholic beverages during working hours. The worker is registered as a servant but works as a laborer for a social entity. He TSJC assured that this situation “facilitates the possibility of consumptionabsolutely contrary to the addiction treatment to which he is subjected, this would therefore have a negative impact on his recovery.
It was also stated that “the applicant’s mental deficiencies have led to the adoption of judicial measures to support people with disabilities, since their autonomy and decision-making capacity are greatly compromised.” In this sense, the court justifies that the worker “he is not able to carry out his usual profession”.
Appellant’s alcohol problem has been ongoing since November 2022. Now, with the total permanent disability granted to the server from Lleida, it allows him to benefit from a initial monthly pension equivalent to 55% of its regulatory framework. Additionally, this concession can be obtained and made compatible with other jobs other than your usual profession. In any case, the judgment also envisages revoking this concession in the event of improvement in the worker’s state of health. The failure of TSJC is not firm and an appeal can be made to the Supreme Court.
The disabilities granted have different levels supported by Spanish social security. These include partial, total, absolute and severe disability. Each grade corresponds to limitations in professional activity and proportional economic advantages.
Disability status reviews are carried out every two years to determine whether there are significant improvements or changes in the worker’s health or abilities, i.e. to see if there are an evolution; in this case, in its dependence. These assessments can lead to a modification of the recognized degree of disability, or even to its withdrawal if sufficient improvement is noted.
