Permanent disability derived from diseases framed in the spectrum of dysregulation syndrome: criteria of the assessment teams versus judicial sentences

Abstract

In recent years, diseases related to pathologies that fall within the dysregulation spectrum syndrome, or central sensitization diseases, have increased, with the causes of these conditions not being known.

This article analyzes the legal treatment of these diseases for the purposes of their recognition as a permanent disabling situation in social security. To do this, it is necessary to delve into the nosological knowledge of these diseases, analyzing the peculiarities of those that generate a greater impact at a disabling level and the jurisprudential treatment that is carried out on them for the purposes of disabling recognition, focusing this analysis on three diseases framed in this syndrome, fibromyalgia, chronic fatigue syndrome and electromagnetic hypersensitivity syndrome, as they are the diseases that present a greater number of people affected and a greater impact on the workplace.

The present work aims to establish a reference to the fundamental characteristics of diseases that, arising from a serious situation, require recognition of permanent work incapacity, and to delimit the legal treatment given to these situations in the administrative field of social security management and later by judges and courts.