Right to Sick Leave After Myopia and Astigmatism Surgery in a Private Clinic. Comment on Supreme Court Ruling 561/2023, of 19 September

Abstract

In the case discussed in this commentary, a worker with myopia and astigmatism underwent refractive surgery on both eyes. The coverage for benefits for this treatment was denied by the Collaborating Mutual Society, which considered the surgery purely “cosmetic” and therefore not funded by Social Security and State Funds. In this sense, the patient’s claim was upheld by the Supreme Court, which recognised the plaintiff’s right to have these surgical treatments covered by Social Security and State Funds. This also included coverage for any side effects resulting from the treatments that cause disability and require medical assistance. All these elements constitute the protected situation under Article 169.1 a) of the LGSS, as long as the control of said situation is carried out by the competent public medical services.