A home employee, who had been working for the same family since 2009, He asked for temporary disability drop in October 2020 due to serious health problems in the spine. It spent a year and eight months being low until finally, in June 2022, He requested the processing of the low permanent disability.
The National Institute of LTo Social Security rejected the inability, since it considered that the physical problems of the home employee were not so serious as to process a decline for total permanent disability. In addition, the INSS said he could continue doing his job, but with more limitations.
The headquarters of the Superior Court of Justice of Castilla-La Mancha, in a file image
When the INSS officially denied the request for the low IPT, the distrust worker, filed a lawsuit and the case was discussed in the Social Court No. 4 of Valladolid. After the trial, the court proved the home employee.
The judge considered that his condition It was serious enough for the employee to have difficulty doing their job correctly. Finally, justice recognizes total permanent disability.
Building of the Superior Court of Justice of Castilla y León
After the official news, the National Social Security Institute, The judgment appealed to the Superior Court of Justice of Castilla y León because it considered that the judicial decision was not fair.
Finally, on May 26, 2025, the Superior Court of Justice It fails in favor of the household employee and states that the plaintiff's pain is so intense that he prevents him from doing this work. In addition, justice also considered that the state of the employee had not improved during the time of the leave and not They could demand that he work with that level of suffering.
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The home employee ended up being recognized with total permanent disability After being diagnosed with: severe mechanical low back pain, channel stenosis, facet and lumbar spondyosis and osteoarthritis.
