Canary Islands High Court Sets Precedent for Absolute Permanent Disability Rulings
The High Court of Justice of the Canary Islands has ruled that a cleaning worker with chronic health conditions qualifies for absolute permanent disability benefits, establishing that such status requires an inability to maintain consistent employment rather than total physical immobility.
The High Court of Justice of the Canary Islands (TSJC) has set a significant legal precedent regarding how "absolute permanent disability" is defined. In a ruling issued on May 5, 2026, the court settled a dispute involving a cleaning worker whose claim for maximum disability benefits had been denied by the National Social Security Institute (INSS), which had originally granted her only a lower level of support.
The court’s decision is notable for its stance on how medical evidence is reviewed. By rejecting the appeals filed by the INSS and the General Treasury of Social Security, the judges clarified that an appellate court should not re-examine all evidence from scratch. Instead, its role is limited to identifying clear errors made by the lower court. In this instance, the court upheld the original ruling from the Third Social Court of Santa Cruz de Tenerife, which had already concluded that the worker’s health issues prevented her from performing not just her specific job, but any work at all.
The worker’s medical history is complex. She suffers from chronic Arnold’s neuralgia—which causes frequent, debilitating episodes requiring her to isolate—as well as degenerative conditions including knee osteoarthritis, chronic heel pain, and specific shoulder joint injuries. The court emphasized that "absolute disability" does not mean a person must be completely immobile. Rather, it means they are unable to maintain any form of employment with the necessary level of efficiency, consistency, and performance.
The TSJC rejected the Social Security’s argument that there was insufficient evidence regarding the impact of the worker’s neuralgia. The court concluded that, given her combination of physical limitations and her reliance on medication that provides no real relief, it is impossible to expect her to hold down any job. This ruling confirms the worker’s right to receive absolute permanent disability benefits, overturning the administrative decision that had limited her support since March 2023.