• Occupational accidents The fatal time slot for occupational accidents: from 10 a.m. to 12 a.m.

The Supreme Court has determined that public officials have the right to receive an extraordinary pension or retirement due to permanent disability after suffering an accident 'in itinere' (which occurs on the way from home to work and vice versa).

This is reflected by the High Court in two judgments in which it recognizes the right to collect a pension of these characteristics, whose calculation base is 200%, from a prison official and a civil guard, since they understand that the accidents they suffered in the journey between the home and the workplace was as a consequence of the service.

In this way, the Supreme Court

estimates the appeals filed by both officials against two previous judgments of the National High Court

that denied them the collection of the extraordinary pension, alleging that the accidents did not occur in the place and time of work.

In the case of the prison official, the incident occurred when he was traveling from his home to the Daroca Penitentiary (Zaragoza) to take over the service assigned in the afternoon shift on October 14, 2010.

The General Directorate of Personnel Costs and Public Pensions rejected that the accident occurred in an act of service, a decision that was confirmed by the Central Administrative Economic Court.

The Civil Guard, for their part, suffered a traffic accident on June 11, 2014 when he was on his way from his usual home to his destination at the Tarragona Civil Guard Command.

The Ministry of Defense declared the permanent incapacity of the affected person due to insufficient psychophysical conditions and ruled that she was unrelated to an act of service.

The National High Court confirmed this resolution.

Now, the Supreme Court annuls the judicial and administrative decisions adopted in both cases and establishes as a doctrine that "the permanent incapacity for the service derived from a traffic accident suffered by a public official when traveling to or from the workplace it can be considered as incapacity produced as a consequence of the service for the purposes of obtaining an extraordinary pension "of the Passive Class Scheme.

The judgments, with presentations by magistrates Celsa Pico and Pablo Lucas, explain that the norm that regulates the General Regulation of Administrative Mutualism and the one managed by Muface refer to the General Social Security Regime to determine which cases will be considered a service accident or as a consequence of it.

Thus, the Supreme Court points out that

Social Security legislation expressly includes among work accidents those suffered on the journey

from the place of residence to the place of work in either of the two senses.

In this way, the Supreme Court understands that this consideration of an accident 'in itinere' as a work accident does not alter article 47.2 of the consolidated text of the Law of Passive Classes of the State in which "the act of service is presumed, unless there is evidence to the contrary , when the permanent disability or the death of the official has occurred in the place and time of work ".

The High Court recalls that, according to the jurisprudence of the Social Chamber, in order to classify an accident as 'in itinere', a series of circumstances is required to concur simultaneously: that the main and direct purpose of the trip is determined by work;

that occurs in the usual and normal journey that must be traveled from the home to the place of work or vice versa;

that the accident occurs within the reasonable time that is normally invested in the journey and is not altered by deviations or temporary alterations that are due to reasons of particular interest;

and that the journey is carried out with a normal means of transport.

According to the criteria of The Trust Project

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