In Catalonia, the court has definitively denied a Mossos d’Esquadra officer’s request to be recognized as partially disabled, despite his arguments that lingering effects from an old hand injury prevent him from fully performing his duties. The court’s decision concludes a lengthy case in which both medical opinions and arguments from both parties were considered.
Essence of the dispute
The story began with an old injury—a fracture of the scaphoid bone in his right hand, which flared up again in 2019. The police officer claimed that pain and reduced grip strength prevented him from confidently handling a weapon or participating in arrests, which, in his view, seriously limited his professional capabilities.
However, the judges concluded that simply pointing to discomfort or movement limitations is not enough to recognize partial disability. The law requires proof that work capacity is reduced by at least one third, and in this case, the court found no such grounds.
Arguments of the parties
Various medical reports were presented during the proceedings. The plaintiff provided expert and biomechanical assessments noting significant differences in strength and mobility between his right and left hands, as well as difficulties performing typical police tasks: handling weapons, applying force, and quick reactions.
A medical expert invited by the police emphasized that such restrictions may not only reduce work efficiency, but also create safety risks for the officer during operations.
At the same time, official medical bodies that conducted the assessment for social protection purposes concluded that the residual effects after the injury were minor and did not interfere with the performance of key duties. Their findings were recent and did not reveal significant limitations.
Court decision
In May 2025, the court of first instance in Barcelona dismissed the police officer’s claim, and later the Tribunal Superior de Justicia de Cataluña upheld this verdict. The decision notes that the limitations presented by the plaintiff did not exceed a 33% loss of work capacity, and therefore did not meet the criteria for granting partial disability.
The court gave preference to the official medical reports, stating that they objectively reflected the individual’s health status at the time of the case review. Among the key arguments were the minor nature of the residual effects, the absence of a marked decline in professional performance, and the lack of new medical evidence proving otherwise.
Context and significance
This case illustrates how strictly courts in Spain approach the issue of recognizing disability on professional grounds. Even if a police officer faces genuine difficulties at work, obtaining status requires not only complaints, but also clear documentary evidence of a significant reduction in working capacity.
Other regions of the country are also witnessing a tightening of approaches to such matters. For example, new restrictions have recently been introduced in Andalusia that affect even seemingly everyday areas such as the use of metal detectors. As RUSSPAIN notes, the new rules have already led to a sharp increase in refusals and fines.
As a result, the decision in the case of the Mossos d’Esquadra officer underscores: for partial disability recognition in Spain, not only medical complaints are required, but also convincing evidence that the limitations genuinely impede fulfilling professional duties to the extent required by law.
