Serious visual impairment as a determining injury of great disability. (Comment to STS-SOC 827/2019, of December 4)

Abstract

The STS of December 4, 2019 raises a problem in the field of Social Security already observed by the jurisprudential doctrine, regarding whether to review the degree of declared disability of a worker, who was recognized in absolute permanent disability and requests that he be recognized in a situation of great disability due to aggravation of his injuries, which are constitutive of total blindness when it comes to aggravation of visual acuity and diopters existing at the time of the declaration of absolute permanent disability. In order to resolve this issue, the judgment analyzes the preexisting jurisprudential doctrine on the matter, in which it is revealed how the great invalidity is accessed in situations in which it is not based on total blindness, but rather on a noticeable reduction of visual capacity.