The question raised in the appeal for the unification of doctrine focuses on determining whether the Mutual Fund, which has paid the temporary disability subsidy (IT), derived from a common illness, has the right to reimburse what was paid for it in the period in which the effective date of the recognition of the worker's total permanent disability (IPT) occurred.

The Social Chamber of the Supreme Court issued a ruling on March 23, 2023 clarifying that the amount of the benefit received during the period in which the worker is in a situation of Temporary Disability while at the same time the permanent disability is being processed is an undue benefit that results in the return to the Mutual Fund of the amounts received in that period. The General Law of Social Security in its article 55 states that “Workers and other people who have improperly received Social Security benefits will be obliged to repay their amount."And the sentence in question reminds us that article 163 of said Law establishes the incompatibility of pensions with each other when they coincide with the same beneficiary, since one is not entitled to both simultaneously.

At the moment in which the National Social Security Institute (INSS) initiates the procedures for the initiation of permanent disability, the Mutual Fund has the right to stop being responsible for the payment of the benefit and the INSS would become the subject responsible for payment, provided that the Disability does not arise from a work accident. If it is derived from a work accident, the mutual insurance company must continue to pay the corresponding benefit.

Failed: Our high court rules upholding the appeal for unification of doctrine presented by the mutual company.