Revocation of a disability granted by the INSS for exposure to asbestos

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A court of the social of Donostia-San Sebastian has revoked the absolute permanent disability that the National Institute of Social Security (INSS) had granted a worker to understand that the lung carcinoma he suffered derived from his occupational exposure to asbestos.

As reported by the Association of Victims of Asbestos of Euskadi (Asviamie), this court thus considers the appeal filed by a mutual and revokes the granting of sick leave and the aforementioned disability that the INSS had recognized the worker in 2016.

Asviaimie explains, in a note, that the operator began working in 1970 as an apprentice at Plásticos Tolosa, where he was employed for more than 46 years in repair and assembly tasks, mostly outside the company, when developing it in commission of service in different industries .

This association states that the employee’s activity “consisted of cutting asbestos-lined pipes or fiber cement sheets, to replace them with polyester or waterproof surfaces and coat the roofs of industrial buildings, to avoid leaks.” Also, Asviamie details, the worker carried out this activity “without specific preventive measures, given that he was unaware of the risks”.

Asviamie points out that, after being granted the aforementioned disability by the INSS, the mutual appealed the decision before the Social Court No. 4 of San Sebastian, while claiming that his period of dismissal was considered to be derived from a common disease, alleging that the ailment was derived from his smoking habit.

Likewise, in their appeal, the mutual alleged, according to Asviamie, that asbestos was not handled at the company’s facilities.

Finally, the court concluded that the injuries suffered by the worker are derived from a common illness, a failure before which the aforementioned association of affected people shows their “discomfort”.

Asviamie, who has already announced that this resolution will be appealed, has recalled that this court already has “repeated” sentences for exposure to asbestos “denial” of their employment relationship, although it has been congratulated because “several of them” have already been “revoked” by the Superior Court of Justice of the Basque Country “.

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