Are We Facing a New Shift in Case Law? Temporary Incapacity: Limited Retroactivity of the Economic Effects Arising from the Recognition of an Occupational Contingency

Commentary on Supreme Court Ruling No. 1112/2025, of 24 November

Abstract

Supreme Court ruling 1112/2025, of 24 November, reiterates previous jurisprudence regarding the application of the second paragraph of Article 53.1 of the General Social Security Law, that is, limited retroactivity of three months prior to the application for temporary disability benefits in cases where a work-related contingency (persistent COVID-19) has been judicially recognized. This doctrine is analyzed and reviewed here, paying particular attention to the dissenting opinion, since its mere existence opens the door to reflection on the possibilities of revising the criteria maintained until now. In this paper, we will argue, however, that although temporary disability benefits are governed by the principle of official application, the application for review, which is linked to the contingency classification, is governed by the principle of request, which determines that the limited retroactivity applies to the three months prior to the application for review.