The initial deformity of the plaintiff’s hands was aggravated by the mental disorder
The Superior Court of Justice of Catalonia (TSJC) has confirmed the decision of the Social Court No. 19 of Barcelona, recognizing permanent, total disability in an administrative assistant with bipolar disorder. The National Institute of Social Security (INSS) appealed against the court’s decision, but the TSJC rejected this request, noting that the employee’s situation was “aggravated” on the basis of a mental disorder, which he had been diagnosed with since 2015. had already been identified. Permanent disability to his administrative function due to deformity like severe reduction in mobility of left wrist, significant pressure in right hand, vertebral fracture and pain in limbs and shoulders.
The Appellant, represented by the Tribunal Medico Law Firm, requested a review of the degree of disability primarily due to aggravation of the injuries caused by bipolar disorder. Total permanent disability used to mean that she could not work as an administrator due to limitations with her hands, but now recognized total disability indicates that she cannot do any work. The National Institute of Social Security, although acknowledging that the mental impairment was limited, considered that it was not sufficient to raise the degree of disability.
However, the plaintiff’s attorneys provided medical reports stating that she suffers from bipolar disorder that is “difficult to control between manic, hypomanic and depressive phases” and that she is receiving “pharmacological treatment with variable mood states.” That is why the Social Court 19 of Barcelona increased the degree of disability of the woman and now the TSJC has confirmed it after rejecting the INSS appeal. Thus, it considers that the Appellant has “increased significant functional limitation” and recognizes his total permanent disability for all forms of work.
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