The Social Chamber of the Superior Court of Justice of La Rioja has rejected the claim of a worker against the National Institute of Social Security and the General Treasury of Social Security. The worker requested a declaration of permanent disability for her usual profession, alleging that her injuries did not allow her to perform her job adequately due to the decrease in her work capacity.

The worker, whose profession is a waitress, had been diagnosed with synovitis and tenosynovitis as her main diagnosis, which resulted in pain and functional limitation in the wrist and one of the fingers of her right hand. The INSS issued a resolution on February 16, 2021 in which the permanent disability benefit was denied, a resolution that was ratified on March 18 of the same year. Prior to this decision, a report had been issued by the Disability Assessment Team (EVI) in relation to his temporary disability, which was also rejected by the INSS.

The Social Chamber of the Superior Court of Justice of Logroño maintained the same judicial position as the magistrate of the Social Court No. 2 of Logroño. According to the evidence presented during the process, it was found that the employee had a pathology in the first finger of her right hand, despite having undergone surgery in 2019. Although she experienced mild pain and limited mobility, the magistrates concluded that this did not prevent her from carrying out the main functions of her job as a waitress.

The magistrates argued that their work required the use of the dominant hand, but did not involve performing intensely forceful tasks with that finger or repetitive tasks without the possibility of rest. In addition, it was noted that no significant decrease in the worker's performance had been demonstrated, since she continued working for the same company.

Based on these considerations, the Social Chamber of the TSJ of La Rioja concluded that the worker was not affected by any degree of permanent disability at that time.

This decision reflects the importance of carefully evaluating the individual circumstances and capabilities of each case before determining a permanent disability, thereby ensuring that individuals can continue to perform their jobs when possible. In fact, there is no evidence that any type of limitation has been imposed on the plaintiff in her job; there is no evidence of a decrease in her performance.

Failed:They reject the appeal filed by the worker's legal representation.