A court decision in Catalonia has sent an unexpected signal to thousands of workers facing chronic pain and limitations after injuries. A woman who had worked for many years as a seamstress was dismissed after doctors deemed her incapable of performing her professional duties due to severe problems with her arms and shoulders. Despite this, the INSS denied her disability pension, arguing that she had no objective impairments, only complaints of pain.
The court proceedings revealed that the woman had been diagnosed with nerve damage in her elbow, chronic shoulder inflammation, and degenerative joint changes. She underwent numerous treatments—from medication to physiotherapy and injections—but her condition only worsened. Forced to compensate by working with one hand, she sustained additional injuries to her other shoulder. Ultimately, doctors declared her completely unable to continue working in her field.
Arguments of the parties
The employer fired the woman in December 2023, citing her professional incapacity. She then applied for a disability pension, but the INSS rejected the request, referring to the absence of objective evidence of movement disorders. As proof, the agency presented the results of an electromyogram and expert opinions that claimed the patient was exaggerating her problems. Medical records from the pain and physiotherapy clinic were also disregarded.
However, the court of first instance in Barcelona found that the woman truly cannot perform the work of a seamstress due to persistent pain and restricted movement. The INSS was required to grant her a pension amounting to 55% of the average salary, starting from October 2023. Disagreeing with this, the agency appealed the decision to the highest judicial authority in Catalonia.
Court position
The judges emphasized that the profession of a seamstress requires constant use of both hands, precise and repetitive movements, as well as working in uncomfortable positions. In their opinion, chronic pain and functional limitations, confirmed by medical reports, make it impossible to continue working in this profession. The court noted that even if some symptoms are subjective, this does not negate the actual limitations that prevent fulfilling professional duties.
As a result, the INSS appeal was rejected, and the pension award decision was upheld. The court ruling highlights that chronic pain can be grounds for disability recognition if it prevents performing key job functions. This decision may set a precedent for other workers in similar situations.
Impact on the system
The case has sparked discussion among labor law and occupational medicine experts. According to RUSSPAIN.COM, such decisions may change the approach to disability claims, especially in professions with high physical demands. Now, workers suffering from chronic pain can expect more attentive consideration from courts and social services. This could also affect employers, who will be forced to more carefully assess risks and working conditions for employees with chronic illnesses.
In recent years, there have already been cases in Spain where courts acknowledged the right to disability pensions due to chronic pain, even when objective impairments were minimal. For example, in 2024, a similar ruling was made for a construction industry worker who could not continue working due to persistent back pain. Such precedents are gradually shaping a new practice, where subjective symptoms gain legal recognition if supported by medical reports and genuinely hinder work.
