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Concept
- In the contributory mode, permanent disability is the situation of the worker who, after having been subjected to the prescribed treatment, presents severe anatomical or functional reductions, susceptible of objective determination and foreseeably definitive, which diminish or annul his or her capacity to work. This qualification shall not be affected by the possibility of the incapacitated person recovering their capacity to work, if this possibility is medically considered to be uncertain or long-term.
A worker's anatomical or functional reductions that exist prior to his or her affiliation with the Social Security will not impede the classification of his or her situation as permanent disability, in the case of people with a disability whose conditions have worsened after their affiliation, causing by themselves or due to the occurrence of new lesions or pathologies a decrease or annulment of the working capacity they had at the time of their affiliation.
- In the non-contributory mode, foreseeable permanent impairments of a physical or mental nature, whether congenital or not, which nullify or modify the physical, mental or sensory capacity of those who suffer from them, may constitute disability.
- The PI must be derived from the situation of temporary disability, unless it affects those who lack protection in terms of said TI, either because they are in a situation assimilated to that of registration that does not include it, or in cases of assimilation to workers employed by another person in which the same circumstance occurs, or in cases of access to PI from the situation of not being registered.