An assembly line worker in Spain saw the National Institute of Social Security (INSS) refuse her a permanent disability pension, a decision subsequently confirmed by the High Court of Justice of Castile and León. The worker presented a clinical picture that included occlusion of a venous branch of the retina of the left eye, prediabetes, chronic lower back pain associated with mild osteoarthritis and neck pain, in addition to alleged pain in the joints, back and ankles.
The Disability Assessment Team evaluated that the situation did not justify the recognition of the claimed disability. The assessment reported that the woman presented good general condition, walked autonomously, had no visible joint inflammation and the nerve and muscle function examinations were within normal limits. The INSS concluded that the worker maintained sufficient functional capacity to continue working.
After losing in the first instance, the operator appealed, arguing that she could not raise her right arm above the shoulder, remain standing without moving for prolonged periods or handle loads. The judges considered, however, that presenting a list of diseases was not sufficient to be entitled to the pension, being necessary to demonstrate that the limitations effectively prevented the execution of the essential functions of the job position. The court understood that the recommendations to avoid intense efforts did not equate to incapacity for the main tasks of an assembly line.
The article notes that a similar principle also applies in Portugal: having several diagnosed diseases does not automatically give entitlement to the disability pension, being necessary to assess the functional impact on work capacity. The decision depends on the functional state at the time of assessment, the foreseeable evolution of the diseases and the way these concretely affect the profession exercised.
