Vosseler Abogados has filed a lawsuit against the National Social Security Institute (INSS) for its refusal to grant permanent disability benefits to CAM, a vocational training teacher. The administration's decision comes despite a favorable report from the Medical Tribunal, which supported the worker's disability status.
The facts
CAM's situation dates back more than two years. While attending a play in Girona, exposure to the show's strobe lighting triggered an episode of extreme photophobia of central origin. What seemed like an isolated incident has developed into a chronic condition. This condition is characterized by intense neuropathic eye pain, nausea, dizziness, and a complete inability to tolerate environments with artificial light or contrasting light.
The forensic medical report submitted in the case is conclusive: the severity of the photophobia is such that certain functional diagnostic tests could not even be performed, since the light from the medical equipment itself is unbearable for the patient.
Incompatibility with teaching
As a vocational training teacher, CAM's daily work requires the constant use of screens and presence in classrooms with artificial lighting. These elements are now "highly harmful" to her . According to the Occupational Risk Prevention report, fundamental tasks such as supervising groups, tutoring, meetings, or school trips are completely contraindicated for her.
“The Administration is ignoring an indisputable medical and labor reality,” states lawyer Ambar Zambrano, head of the Labor Law department at Vosseler Abogados. “The adaptations proposed by the prevention services are ineffective in a real educational setting. We are dealing with a worker who already has a recognized 45% disability and no prospect of recovery. Denying her disability benefits leaves her in an unsustainable legal and personal limbo . ”
The case presents a blatant contradiction. While the Medical Tribunal issued a favorable opinion granting permanent disability benefits, considering that the pathology affects practically all of the tasks of his profession, the INSS (National Social Security Institute) has opted to reject it.
Ambar Zambrano points out that her CAM condition prevents her from working as a teacher. But it also severely limits any work activity in today's society, where artificial light and screens are ubiquitous . With this lawsuit, Vosseler Abogados seeks to have the worker's right to dignified compensation recognized in the face of an irreversible and clearly disabling health condition.
