Skip to content
info@lexmiaabogados.com

Chronic alcoholism does not exempt you from paying a disability pension

Chronic alcoholism of a worker does not exempt the insured from paying compensation in the event of disability.

At least, that is how a ruling from a social court in Valencia understands it, which analyzes the case of a worker who was recognized as disabled due to "absolute permanent incapacity for all work, derived from a common illness."
The company had signed a group insurance policy with the insurer, with a guaranteed capital of 23,256.14 euros, which covered "the risks of death, major disability and absolute permanent disability derived from common illness, work-related accidents and non-work-related accidents."
It was the case that the general conditions of the policy expressly stated that "accidents or illnesses that occur to the insured due to drunkenness or use of narcotics not medically prescribed" were excluded from its guarantees.
However, the court believes that "the reason for exclusion of the guarantee that it alleges expressly refers to accidents or illnesses contracted by drunkenness, a word that, according to the Language Dictionary, means the temporary disturbance produced by excessive ingestion of beverages." alcoholic."
Starting from this basis, he argues that the reason for exclusion of coverage from the policy "seems to refer to those cases in which the accident or illness is contracted as a consequence of alterations in the senses and other symptoms temporarily caused by the state of drunkenness". The ruling, which finally imposes the insurance company to pay compensation, states that it is a "very different situation, in principle, from what occurs in the present case, in which what there is is alcohol abuse/dependence." of many years of evolution.
www.expansion.com

Lexmia is a law firm in Murcia with a national and international vocation.

We rely on lawyers with excellent training and a passion to fight for their clients.

Contact
Avenida de la Justicia No. 8 Edificio Torresur 1A Murcia
868 944 370
968 974 625
info@lexmiaabogados.com
Navigation
Back To Top