Vosseler Lawyers has filed a demand against National Institute of Social Security (INSS) given his refusal to grant the permanent disability CAM, a Vocational Training (FP) teacher. The administration's decision comes despite the existence of a favorable report from Medical Tribunal. This report supported the situation of invalidity of the worker
The facts
CAM's situation dates back more than two years. While attending a play in Girona, the exposure to games of Strobe lights The spectacle triggered a state 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 an absolute functional inability to tolerate environments with artificial light or light contrasts.
The forensic medical report submitted in the case is conclusive: the severity of the photophobia is such that certain diagnostic tests could not even be performed, since the light from the medical equipment itself is too intense. 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 are elements that she now finds difficult. "highly harmful"According to the Occupational Risk Prevention report, fundamental tasks such as Group supervision, tutoring, meetings or school outings are completely contraindicated for him..
"The Administration is ignoring an indisputable medical and labor reality," the lawyer states. Ambar Zambrano, head of the Labor area from Vosseler Abogados. "The adaptations proposed by the prevention services are ineffective in a real educational environment. We are dealing with a worker who already has a recognized disability." 45% disability and that has no prospect of recovery. Denying her disability is leaving her in a unsustainable legal and vital limbo".
The case presents a blatant contradiction. While the Medical Tribunal issued a favorable opinion granting permanent disability benefits, considering that the condition affects practically all of the tasks of his profession, the INSS has opted for dismiss it.
Ambar Zambrano recalls 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 a recognized decent work in the face of an irreversible and clearly disabling health situation.
