Alcance de las garantías constitucionales en el proceso de calificación de pérdida de la capacidad laboral
The qualification of the loss of work capacity represents the basis of the recognition of thedisability pension. Through the qualification the functional aspects, the degree of affectationand the origin of the suffering of a patient are evaluated, so that the state entity in charge,establishes the e...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7574194 |
| Source: | Inciso, ISSN 1794-1598, Vol. 22, Nº. 1, 2020, pags. 115-129 |
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| Summary: |
The qualification of the loss of work capacity represents the basis of the recognition of thedisability pension. Through the qualification the functional aspects, the degree of affectationand the origin of the suffering of a patient are evaluated, so that the state entity in charge,establishes the economic benefit and the value to be recognized. In this context, the patienthas constitutional rights that must be guaranteed, however, in the development of the processthere are a number of shortcomings that do not provide an objective and impartial opinion, sincethe competent entities are not recognized as leaders of the State action, generating a dilatoryand violating attitude towards the fundamental rights of the patient, such as human dignity, life,health, social security and of course, due process. To substantiate this hypothesis, a qualitativeand legal analysis of the regulations was made, where these flaws are exposed, those that do notallow the patient to even identify the competent entity in its process. Finally, the ConstitutionalCourt’s arguments are presented, where there are inaccuracies such as poor analysis of theclinical material, opinions without technical-scientific foundations, violations of due process andgood faith, exclusion of pathologies or simply the status of judge and part of the interveningentities; then the scope of the constitutional guarantees available to the patient will be minimal,making him a mere spectator and always forcing him to go to court to request the protection ofhis rights. |
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