The TSJ of Cantabria recognizes a supplement of Great Disability to a person who needs permanent surveillance to avoid self-harm attempts
The Superior Court of Cantabria in this ruling number 447/2023, of May 19, analyzes the situation of a worker diagnosed with mental disorder, anxiety and depression with occasional consumption of alcohol and cocaine. She has had several suicide attempts, having to be admitted to specific mental health hospital centers on several occasions.
The worker has been granted absolute permanent disability and requests the major disability supplement because she needs permanent supervision from a third person, to stay alive or avoid aggressive behavior that endangers the safety of herself or someone else.
The issue on which this ruling pivots is whether the interpretation of the norm in its literal wording is a closed question, and whether this constitutes a closed list in order to receive the major disability supplement.
This ruling emphasizes that the essential act for life "is everything that is necessary for the satisfaction of a primary and unavoidable need, to be able to physiologically subsist or to carry out those activities that are essential to safeguard the security, dignity, hygiene and decorum that is fundamental for human coexistence. In this case, the ruling puts the protection of life first, over the tendency of self-destruction, which must also be included among the acts included to be able to receive the supplement for severe disability. The possibility of considering the prevention of possible self-harming activities or avoiding dangerous or risky situations as an "essential act" is not ruled out.
Although the norm refers to assistance in the execution of basic and fundamental acts, the TSJ defends the analogical application to embrace within the category of severe disability, severe situations of mental disorders, where continuous assistance from another person is required to avoid aggressive behavior that could put the personal safety or safety of third parties at risk.And it is the dependence on the protector or caregiver that characterizes great disability..
Failed: The appeal filed by the worker is upheld, thus recognizing the situation of severe disability, therefore she is granted the right to receive the financial supplement inherent to such declaration.
