Post by account_disabled on Mar 5, 2024 1:07:42 GMT -5
The father of the sick minor can receive permanent care benefit even if the child is not hospitalized
The Social Court number 18 of Valencia has condemned a Mutual Insurance Company that did not recognize a worker's right to receive financial benefits for caring for a minor affected by a serious illness. Justice now grants the benefit for the man whose working day was reduced by half, taking into account the continuous and permanent care that his son requires, even though he is not hospitalized .
The worker's son suffers from severe diabetes, Type 1 Diabetes Mellitus. He is nine years old and requires permanent attention to check his insulin levels and inject him Fax Lists with the necessary doses. At first he was prescribed five injections throughout the day. Although insulin needs were reduced for a short time, subsequently, “these needs have been increasing over time (…) and the daily regimen is now between 27 and 28 units,” as can be read in the ruling. The minor is in school between nine in the morning and two in the afternoon , three in the afternoon on Fridays,
The Mutual Fund rejected the request considering that “ the requirement of direct, continuous and permanent care is not appreciated , which justifies the payment of the benefit as a cause of the reduction in working hours and subsequent loss of income.” The administrative claim against this resolution was also dismissed.
The legal controversy consists of determining whether compliance with continuous, direct and permanent care of the minor child affected by a serious illness, who is not hospitalized but discharged and undergoing continued treatment for the illness, is accredited due to the fact that He is schooled .
The Social Court number 18 of Valencia has condemned a Mutual Insurance Company that did not recognize a worker's right to receive financial benefits for caring for a minor affected by a serious illness. Justice now grants the benefit for the man whose working day was reduced by half, taking into account the continuous and permanent care that his son requires, even though he is not hospitalized .
The worker's son suffers from severe diabetes, Type 1 Diabetes Mellitus. He is nine years old and requires permanent attention to check his insulin levels and inject him Fax Lists with the necessary doses. At first he was prescribed five injections throughout the day. Although insulin needs were reduced for a short time, subsequently, “these needs have been increasing over time (…) and the daily regimen is now between 27 and 28 units,” as can be read in the ruling. The minor is in school between nine in the morning and two in the afternoon , three in the afternoon on Fridays,
The Mutual Fund rejected the request considering that “ the requirement of direct, continuous and permanent care is not appreciated , which justifies the payment of the benefit as a cause of the reduction in working hours and subsequent loss of income.” The administrative claim against this resolution was also dismissed.
The legal controversy consists of determining whether compliance with continuous, direct and permanent care of the minor child affected by a serious illness, who is not hospitalized but discharged and undergoing continued treatment for the illness, is accredited due to the fact that He is schooled .