Un tribunale concede l’invalidità assoluta a un magazziniere a causa della fibromialgia

La sentenza indica che il ricorrente non può svolgere i “compiti fondamentali” della sua attività lavorativa

Il Tribunale Sociale numero 14 di Barcellona ha accolto il ricorso presentato da un dipendente di un magazzino di una società di logistica contro l’Istituto Nazionale di Previdenza Sociale (INSS) e gli ha riconosciuto una invalidità permanente in grado assoluto, derivante da una comune ma lattia , con una pensione di oltre 2.500 euro. L’attore ha chiesto una disabilità temporanea nel 2017 a causa di una diagnosi di lombalgia, anche se un referto medico ha indicato che soffriva di fibromialgia.

L’INSS ha negato la sua richiesta, ritenendo di non possedere il requisito di invalidità, per cui il lavoratore, rappresentato dall’ufficio legale del Tribunale di Medicina, ha presentato ricorso dinanzi ai tribunali fornendo referti medici indicanti che soffre di varie patologie come disturbo depressivo maggiore cronico, fibromialgia con grave affettazione con scarsa risposta analgesica e dolore al collo.

La sentenza evidenzia che, di fronte a queste malattie, l’attore non può svolgere i “compiti fondamentali” della sua attività lavorativa “con requisiti minimi di continuità, dedizione, rendimento ed efficienza”. Ecco perché gli garantisce una invalidità permanente assoluta.

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