The affected worker had difficulty making physical efforts and even standing.
A judge of Barcelona has issued a sentence in which he considers serious diabetes as a cause of permanent disability and has condemned the National Social Security Institute (INSS), which denied his request, to pay the affected worker a life pension.
In June 2005, J. L. B, 51, requested the medical leave in the slaughterhouse where he worked as a food operator and before exhausting it, he requested the INSS for permanent disability, which was denied.The worker went to court and now the Social Court number 3 of Barcelona has accepted his claim.His legal representatives of the Medical Court Cabinet, specialized in this area, demonstrated in the process that renal, visual, metabolic and psychological injuries suffered by J. L. B., due to a type II melitus diabetes, prevented him from developing his profession.
The INSS claimed that the worker suffered a renal insufficiency that did not cause functional limitations, although he was aggravated by a depressive disorder.But the judge highlights in his sentence that the medical reports provided by the lawyers of J. L. B. explain "in a very clear way" the limitations that arise from the main ailment suffered by the affected party, which is chronic renal failure, derived from a diabetes consideredas "serious."
derived ailments
The plaintiff, according to the resolution, has difficulties in making physical efforts and even standing up.In addition, because of the disease suffers damage to the retina, hypertension, alternations of metabolism and anxiety disorder.In economic terms, J. L. B. will receive a 55% pension of its regulatory base of 1893.52 euros per month for not being able to work in its trade, but in others, although this percentage will be added 20% when it turns 55 years or in periodsof total labor inactivity.
According to data from the Spanish Diabetes Federation, 13.8% of adults in Spain suffer diabetes.This generates costs of 8.4 billion of 8.4 billion euros for absenteeism, "a figure that could be remarkably reduced if serious patients request a permanent disability to social security," according to Alejandro García, a medical court jurist.
