What does it feel like to have fibromyalgia?
Fibromyalgia is a disease that was recognized in 1992 by the World Health Organization and constitutes one of the most current in developed countries, as well as constituting, in many cases, favorable sentences for total permanent disability. The cause is unknown, although it affects women more than men. Its clinical manifestations are:
swelling in hands
Intense weakness (dynamia) and disabling (asthenia)
The International Association for the Study of Pain defines fibromyalgia pain as “exhausting,” “miserable,” “intense,” or “indescribable,” with coexisting symptoms such as “abdominal pain, headaches, muscle stiffness, fatigue, and unrefreshing sleep.” , among many others, being highly frequent that this disease is associated with reactive psychic disorders, mainly anxiety and/or depression”.
How is the diagnosis of fibromyalgia made?
As for the diagnosis, it is based fundamentally on the physical examination by the doctor. Fibromyalgia is often confused with other rheumatic diseases such as lupus erythematosus, rheumatoid arthritis, osteoarthritis, spondyloarthropathies… which is why a good diagnostic approach is so important for the future of the patient.
There are so-called trigger points. The appearance of pain in at least 11 of these 18 points, when applying a pressure of 4 kg, points towards a possible diagnosis of fibromyalgia. The points are located on the neck, shoulders, elbows, hips, buttocks and knees.
There is no definitive treatment, so therapy is based on physical exercise, pharmacological treatment (consisting of anti-inflammatories, tricyclic antidepressants, among others), psychological support, and cognitive-behavioral strategies.
To determine if this pathology can be disabling and therefore give rise to a Total Permanent Disability, it will be necessary to carry out a detailed study since the most relevant manifestation is pain and this is very objective. Therefore, we must take into account the specific appearance of pain outbreaks, the time and periodicity in which they appear and their intensity.
It will also be important to take into account if the person is affected by other pathologies and in this way assess them all as a whole:
Judgment no. 666/2005 of June 6, issued by the Labor Chamber of the Superior Court of Justice. (JUR 2005142238)
“These appreciable reasons, ad exemplum, in the STS (ud) of November 21, 1996 (RJ 1996, 8713). And that they concur in the present case in which a worker, working as a cleaner, suffers from “generalized bone and muscle pain” (fourth proven fact), in numerous “tender points”, which adds a degree of hardship in carrying out her profession. habitual that is unenforceable to the plaintiff, being adjusted to Law the recognition of permanent disability in its total degree. For the same profession and in the face of a clinical picture in which fibromyalgia stood out with “muscular and bone pain throughout almost the entire body” our Judgment of May 10, 2005 recognizes this degree of disability (Rec. no. 158/2005
In the same sense, the Judgments of this Chamber numbers 123/2004, of February 11 (JUR 2004, 82567), and 1219/2003, of September 26 (JUR 2004, 74647), recognize the total permanent disability of a worker among whose ailments, a serious fibromyalgic picture stands out, as can be described at present. Consideration reinforced by the global consideration of the plaintiff’s clinical picture, which not only reflects fibromyalgia but right knee osteoarthritis, cervical disc herniation, mild bronchial asthma, varicose veins, osteoporosis, scapulohumeral periarthritis and anxious-depressive syndrome (third proven fact), pathologies that determine sadness and a moderate limitation of the mobility of the right knee, lower back and cervical area, of particular importance given the profession of the plaintiff that requires a constant standing position.”
But what is really important is that her pathology limits her in such a way that she cannot perform the essential tasks for her usual profession. Fundamentally, attention must be paid to the negative effect that these produce on her aptitude for a certain job.
As an example:
Judgment no. 482/2002 of September 17, issued by Section 4 of the Social Chamber of the Superior Court of Justice of Madrid (AS 20023313)
“The appeal is doomed to failure because, as can be deduced from the legal grounds of the lower court ruling and as highlighted by the beneficiary’s challenge, the Manager forgets that the sequelae declared proven (“fibromyalgia syndrome, fibromyalgia points positive, shoulder pain, shoulder girdle, elbows, knees, associated with paresthesias in MMSS, headaches… [that] worsens throughout the day; he has lost weight -7 kilos-, has unmotivated crying, trunk flexion limited by pain In treatment with antidepressants, the rehabilitative therapeutic possibilities have been exhausted. The disease that it presents is chronic, progressive and degenerative and occurs in outbreaks, it is generally of rheumatic origin» proven fact fifth) have, basically (fibromyalgia), a permanent scope and definitive in this case, as well as progressive and irreversible, which is not incompatible with the fact that the patient continues to require medical treatment to alleviate its effects or delay its progress, nor with the circumstance that the outbreaks have an even more negative impact on their ability to work. The consequences, then, related to the functions of the category of shop assistant in the fish section (frozen) of a food store, among which, obviously, must be included the habitual standing position and the constant entry into the cold room refrigeration plant to obtain the merchandise, incapacitate the respondent to carry out the fundamental tasks of her habitual profession and, therefore, as anticipated, it is appropriate to dismiss the reason and confirm, on its own grounds, the contested judgment that she did not commit the infringement that is attributed to him.”
Although on occasions our Courts have granted Absolute Permanent Disability in the case of fibromyalgia, the majority of occasions will give rise to Total Disability, especially in cases in which not being able to carry out the activities of the profession (in activities that require physical effort , standing, etc.) Yes, simple, light and sedentary tasks can be carried out, free of mental stress and without requiring physical effort.
If you suffer from or have been diagnosed with fibromyalgia, and have limitations or impediments to developing your profession, do not hesitate to contact our office. The first visit is free and we carry out a feasibility analysis without obligation.