After Work for more than 8 years as a home employeea woman operates by serious problems in the digestive system. To be exact, in March 2022 the employee is surgically intervened with a diagnosis of rectal prolapse and chronic constipation. After that, make the decision of Ask for the loss.
Months later, on May 19, 2022, Social Security grants the worker to Total permanent disability (IPT) For your usual profession, derived from common illness. In this way, although I could continue doing some of the functions of his workthe employee had the right to receive a 55% monthly pension of the regulatory base.
Image of resource of a home employee generated by artificial intelligence
However, the worker asked for something else. Although social security granted him the total disability, What she claimed was the absolute. The main difference between the two is that the absolute permanent disability is I exempt you from doing any type of work. Not the total, which was the one that had been granted. However, Social Security denies its application.
Read too
Therefore, the employee went to the court. On August 11, 2023, the Social Court No. 8 of Santa Cruz de Tenerife dictates sentence. It does so confirming the social security resolution and, therefore, dismissing the employee's claim when considering that The sequelae of the operation were not enough to disable itbut only affected their usual occupation of household employee.
Image resource of a judge
Not happy with the judicial resolution of the first instance, the employee decides to submit a resource and the scale case until the Superior Court of Justice of the Canary Islands. This, on April 23 of this year 2025, makes the sentence public. And he does, again, to give the reason to social securityconfirming that the worker I had no right to absolute disqualification.
