Abstract

ALVAREZ MORENO, Ana. Problems arising from the legal profession habitual indeterminacy: compatibility unwanted situations and proposed revisions. Med. segur. trab. [online]. 2016, vol.62, suppl., pp.69-76. ISSN 1989-7790.

Determining the usual profession it is configured as one of the key parts of the system by which the declaration of permanent disability is governed. It is because it determines both the origin of the initial declaration of invalidity, fundamentally in the total permanent disability, such as support of it once awarded the job, with a salary or a possible future benefit arising therefrom. The legal uncertainty of the parameters that make up the recognition of a situation of invalidity stems in difficult situations justify compatibility. Undoubtedly the most striking is the almost complete compatibility of the situation of absolute permanent disability and severe disability to work, according to the doctrine set by the Supreme Court. There is also difficulty revising the recognized degree of disability, since it must comply with the reasons assessed by the legislature. Conclusions: - Define the concept of habitual profession in a way so that it extends from the small part of the broader functions of the professional group or at least, which enables the employer to make functional mobility. - Modify the current review of the causes of disability enabling the improvement also can be considered from the professional perspective, either by post or adaptation and functional rehabilitation because changes in production processes initially determined modify the professional capacity. - Determine in cases of new job if it is compatible with the objectified functional limitations and thus prevent the performance of similar or higher work requirements that led to the recognition of the status of IPT. - Suspend IPT pension in the event that the beneficiary of the juggled her perceive with the performance of the same profession, or functions, or other requiring the same requirements as that for which was declared invalid. - Linking statement IPT training plans for job search and occupational rehabilitation, associating collect the benefit for IPT to active job search by mandatory to participate in training programs to facilitate the return to life active labor. - Assessment of the impact of age and training in recognizing situations of permanent disability. - Deepen the parallelism analysis or correlation between unemployment benefits and IPT.

Keywords : Permanent disability; Rating usual occupation; Occupational Health; Laboral life; Employment and Disability; Social protection; Social Security.

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