INTERCURRENT ILLNESSES AS ASSUMPTION ASSIMILATED TO THE WORK ACCIDENT: A JURISPRUDENTIAL REVIEW
INTERCURRENT ILLNESSES AS ASSUMPTION ASSIMILATED TO THE WORK ACCIDENT: A JURISPRUDENTIAL REVIEW

Summary/Abstract: The main purpose of this article is to address the different occupational diseases assimilated within the concept of accident at work, with special impact on so-called interrucreant diseases. For the understanding of interrucreant diseases it is necessary to resort to jurisprudence, as well as to treat the concept of accident at work, its integrative elements and the distinction of professional and common diseases. The Spanish legal system protects not only traumatic injuries (hit, fall, etc.) as an accident at work, but also includes diseases that derive from or relate to work and to which the consideration of occupational diseases is not attributed. In order for a disease to be considered as a professional, it is necessary that, in addition to contracting for the performance of the work, it is included in the professional diseases table and is produced by the action of the elements and substances listed in the table regulated by RD 1299/2006, of 10 November. There are other diseases that also cause or originate work and do not appear in the disease table, and in such case ailments are classified as an accident at work (v.gr. work stress, depressive syndrome due to work, etc.). In these cases, the rule requires that the disease have as an "exclusive cause" the execution of the work, although in the case of sudden diseases in the place and time of work (stroke, infarction, etc.), they benefit from the presumption of laboraity of Article 156.3 TRLGSS. In this regard, diseases that originate at work, diseases or defects previously suffered that are aggravated or manifested as a result of an accident at work and the intercurrent diseases arising from or contracted during the process of healing an accident at work are assimilated as an accident at work, the latter being the object of this study.

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