We came across this interesting ruling that deals with the work accident suffered by a worker who combined an employed job as a cook and another in the special regime for self-employed workers as a building builder.

The litigation is a contingency determination and is carried out by the National Social Security Institute and the Mutual Fund. The first considers that the contingency of a work accident should also be applied to the activity as a cook in the General Regime, in the case of mutual insurance the assessment is the opposite, considering that the appropriate contingency is that of a non-work accident for the activity as an employee.

The Social Court No. 6 of Oviedo upheld Mutua's claim, so the INSS announced and formalized an appeal based on a single reason:

There are two Resolutions of the General Directorate of Social Security of 06-11-1973 and of the General Directorate of Social Security Regulation of 4-7-1996, which establish that a work accident occurs in a certain self-employed activity, if the worker simultaneously, he is registered as worker employed, that is, in multiple activities, the treatment of a work accident will be given in both activities, unless in one of them the protection of professional contingencies is not contemplated or if its protection is voluntary, the worker has not opted for it, in which case it will be considered a common etiology.

In support of this thesis, he cites the ruling of the Superior Court of Justice of Catalonia no. 4664/2015, of July 13.

FAILED: The Court rejects the appeal filed by the INSS without prejudice to the possibility of filing an appeal for the unification of doctrine.