Police officer's disability annulled, with legal assistance from Euriux Toledo
A judgment of the administrative litigation chamber of the National Court of Madrid has annulled the declaration of permanent retirement of a National Police Corps officer who suffered from hypoglycemia as a result of the birth of her second daughter, at the age of 38.
The lawyer Luis Pintado from the Toledo office of Euriux Abogados has been in charge of defending the interests of this state official who will resume her job after a judicial process that began in 2020.
The Medical Court of the National Police at that time declared her retirement for permanent disability on the basis of a report in which it stated that the officer suffered from "hypoglycemic crises without affiliation" subjected to "dietary treatment" and with a possible persistent evolution of hypoglycemic crises that made it impossible for her to perform her duties. When the plaintiff gave birth to her second daughter at the age of 38, she had to prolong the breastfeeding process due to her daughter's illness with a medical condition of food intolerance.
The National Court considers that there is a lack of motivation in the opinion of the Medical Court of the National Police regarding the medical report. A few months earlier, his early retirement was denied, pending a second review within 7 months.
The Respondent submitted an expert report in her pleadings stating that this hypoglycemia crisis was a seasonal and transitory disorder that would end after her daughter's breastfeeding due to her daughter's diabetes, as was the case following a medical report from her pediatrician.
The Medical Court ruled that these allegations were not a reason to undermine the proposed disability for his work.
The Court of Appeals upheld the decision of the police officer since the reports issued on her behalf were not included in her administrative file. Consequently, the Court assures in its ruling that "the declaration of incapacity lacks the presupposition imposed in this sense by the rules that regulate it".
"For all the colleagues who deal with bodily injury and expert medical reports for disability assessment, it provides some very important elements," said Luis Pintado.
"This ruling is relevant in the fact that a party's expert report not only implies the objective report of a public official through the assessment team, disability or medical court, but that the court affirms everything that the party's expert report says," says the lawyer.