The Social Chamber of the TSJ of the Canary Islands has upheld the appeal presented by a worker from the Canarian Health Service, to whom the INSS had recognized a total permanent disability in January 2021. The worker requested that the decision be reviewed before the planned two years, since he considered that his state of health could improve.

The ruling explains that the worker received recognition of total permanent disability due to chronic venous insufficiency in the lower extremities, gout in the right foot and other conditions.

Although the initial administrative resolution did not contemplate a review for improvement before two years, the evaluation report indicated that there could be one after performing a surgery that was already scheduled. In the lawsuit, which was initially directed only against the INSS but was expanded by order of the court to include the Canarian Health Service, it was argued that there was the possibility of reviewing the decision before two years, so the provisions of article 48.2 of the Workers' Statute should be applied.

The Social Court No. 5 of Santa Cruz de Tenerife admitted the claim, concluding that the employee's limitations could be reviewed for improvement within a period of 15 months. Article 48.2 of the Workers' Statute was applied, which meant that the Canarian Health Service should not terminate the contract, but rather suspend it for two years. However, the ruling absolved the Canarian Health Service.

Failed: The TSJ of the Canary Islands has upheld the worker's appeal, partially revoking the original ruling to specify that "it is anticipated that the disability situation may be reviewed due to a possible improvement that would allow his return to the job within two years." He also condemned the INSS "to comply with the previous declaration, with the legal and financial implications that it entails", and the Canarian Health Service "to comply with said declaration according to what corresponds to it as an employer."