The controversial fit as a workplace accident of job stress and depression

Commentary on the Ruling of the High Court of Justice of Castilla y León/Burgos 235/2021, of 26 May

Abstract

The regulation of occupational diseases has shown an erratic, imprecise and insensitive regulation with the advances experienced in medical science. The current article 156.2 e) of the General Law on Social Security has been requiring proof that the disease was exclusively caused by the execution of the work for its eventual consideration as a work accident despite the fact that, for about 50 years, medical science has confirmed the multicausal origin of psychic pathologies. While the legislator maintains an immobile stance, the courts have had to be the ones that have offered a solution to the conflict by offering the coherent interpretation that work must be the main cause or trigger of the pathology.