Canary Islands Court Recognizes Temporary Disability Subsidy for Cosmetic Surgery Complications
- The High Court of Justice of the Canary Islands (TSJC) has ruled that complications arising from elective cosmetic surgery can qualify as a protected health condition, granting a...
- The TSJC’s judgment mandates that the insurance provider, Mutua Fraternidad Muprespa, pay the worker the corresponding temporary disability subsidy for the period between March 10 and May 6,...
- The court disagreed with this assessment, distinguishing between the elective nature of the surgery itself and the medical complications that emerged afterward.
The High Court of Justice of the Canary Islands (TSJC) has ruled that complications arising from elective cosmetic surgery can qualify as a protected health condition, granting a worker the right to receive temporary disability benefits. The decision by the Social Chamber in Las Palmas overturns a previous ruling that had denied the worker’s claim for benefits following her recovery from an abdominoplasty and related procedures.
Ruling on Temporary Disability Benefits
The TSJC’s judgment mandates that the insurance provider, Mutua Fraternidad Muprespa, pay the worker the corresponding temporary disability subsidy for the period between March 10 and May 6, 2024. The worker had previously been denied this payment, with the insurer arguing that because the initial surgery was purely elective and cosmetic, the subsequent recovery process—including any complications—did not constitute a protected contingency under the Social Security system.
The court disagreed with this assessment, distinguishing between the elective nature of the surgery itself and the medical complications that emerged afterward. While the judges acknowledged that elective cosmetic procedures generally do not trigger Social Security protection for time away from work, they clarified that this exclusion does not apply to pathological complications that necessitate additional medical intervention.
Medical Complications and Recovery Timeline
The worker underwent a series of procedures on March 1, 2024, during her annual leave, including a dermolipectomy, abdominal wall reconstruction, and multiple liposuction operations. Following the surgery, she developed a dehiscence of the surgical wound and an abdominal seroma, which required ongoing medical care.
The recovery process involved daily wound care until closure and six weeks of clinical sessions to drain the abdominal seroma. The Canary Islands Health Service issued a formal medical leave certificate on March 11, 2024. The worker remained on leave until May 6, 2024, and returned to her employment the following day.
Legal Distinction Between Elective Surgery and Health Complications
In its decision, the Social Chamber emphasized that while aesthetic surgery is a personal choice aimed at improving physical appearance, the resulting medical issues in this case surpassed the scope of a standard, uncomplicated recovery. The court’s analysis focused on the necessity of intervention, noting that the patient’s condition required sustained professional medical attention that effectively delayed her ability to resume work.
The court stated:
This is not a mere eventuality of the normal, natural or logical process derived from the surgical intervention, but complications that can indeed arise after an action of such characteristics, but which necessarily affect the state of health of the patient, require additional health assistance and delay the definitive recovery.
Social Chamber of the High Court of Justice of the Canary Islands
Ultimately, the TSJC concluded that these complications constituted an alteration of health attributable to a common illness. Because the situation required additional healthcare and prevented the worker from performing her professional duties, the court determined it met the criteria for temporary disability protected by the Social Security system.