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- Title
La calificación de la incapacidad permanente en la silicosis de primer grado.
- Authors
Puerto Barrio, Antonio Maria; Díez, Marta Tajadura
- Abstract
The criteria for qualifying for a permanent disability in the case of workers affected by silicosis are determined by the Order of 15 April 1969, which establishes rules for the application and development of disability benefits in the General Social Security Scheme. The evolution of the legal system, both in terms of disability and prevention of occupational hazards, requires that these special assessment criteria be reviewed at least in terms of firstdegree silicosis, for which the 1969 regulation excluded the possibility of qualifying for permanent disability, providing only for a change of job and, in the event of its impossibility, the termination of the employment relationship protected by a special unemployment benefit. The interpretative route has made it possible to qualify for permanent disability, although at the cost of incorporating elements from outside the work – functional capacity binomial into the qualification process, altering the backbone of the disability qualification system in Spain for this specific disease. The analysis that is carried out concludes that such interpretative artifice is not necessary, and in addition, it implies an unjustified differentiated treatment, and therefore discriminatory, in relation to that which is dispensed for other diseases.
- Subjects
SPAIN; INDUSTRIAL safety; CAREER changes; WORKERS' compensation; UNEMPLOYMENT insurance; OCCUPATIONAL mobility; CROSS-functional teams
- Publication
Revista de Derecho de la Seguridad Social, Laborum, 2023, Issue 36, p81
- ISSN
2386-7191
- Publication type
Article