The Tribunal Superior de Justicia de Balears has rejected recognition of incapacidad permanente absoluta for an employee with fibromyalgia, upholding a first-instance ruling. In the view of the Social Chamber, although the claimant's health problems are chronic, their course fluctuates and is not constant. During periods of lower intensity, the man can perform work suited to his profile.
The case concerns an employee whose usual role is as a manager at a agencia de viajes . According to the court, this job involves primarily administrative duties, organisation and customer service. The individual has already been recognised as having incapacidad permanente total for his previous occupation. The court rejected the further classification now sought, incapacidad permanente absoluta, which rules out any occupational activity.
In its reasoning, the chamber states that the medical records submitted do not establish a condition that consistently prevents work. Rather, outside severe flare-ups, the man could contribute in administrative and organisational roles. For periods of increased symptoms, he has the option of incapacidad temporal . This means the impairments do not meet the permanence requirement for absolute permanent incapacity.
The ruling upholds the judgment of the Juzgado de lo Social número 1 in Ciutadella de Menorca. The court says it relied primarily on the evidence heard in court, including the medical records and the assessment by the Instituto Nacional de la Seguridad Social. Departing from this assessment would require new, clear evidence or obvious errors of evaluation, neither of which was demonstrated in the proceedings.
The ruling joins a series of decisions by Spanish courts that assess fibromyalgia on an individual evidential basis rather than applying a blanket approach. It concerns only this particular case and does not establish a general rule for other proceedings. Appeals against High Court judgments are possible subject to the statutory requirements. For employees and employers in the Balearic Islands the case shows that recognition of incapacidad permanente absoluta requires convincing documentation of a lasting and comprehensive inability to work, while the possibility of structured work and cover through short-term sick leave may weigh against such a classification.
Editor: Mira Cadena (Article created with AI assistance).