Constitutional Court
Rules Self Employed To
Receive Disability
Benefits
The Sala Constitucional
(Constiutional Court)
ruled in favour of a man
identified by his last
name, Rodríguez
Gutiérrez, who appealed
a ruling by the Caja
Costarricense de Seguro
Social (CCSS) when he
was refused disability
benefits because he was
self employed.
Rodríguez said he had
been self-paying for the
CCSS monthly insurance
and was refused
disability pay.
The Sala Constitucional
heard the arguments by
Rodríguez, who told the
judges that, while
though he was self
employed, he was
disabled from working
due to a necessary eye
surgery and under
medical care for 22 days
between August 15 and
September 8, 2007.
Rodríguez said he had
been making regular
payments to the social
security, who then
denied his claim because
he was self employed,
giving the reason that
the "voluntary"
insurance payments do
not include disability
payments.
Rodríguez felt that his
rights were being
trampled and filed a "recurso
amparo" - an appeal -
the Constitutional
Court, hinging him claim
to Ley 7600, section 29,
which sets out that the
State must financially
compensate a disabled
worker.
The Constitutional Court
ordered Eduardo Doryan
Garrón, president of the
CCSS, or the person in
charge of payments, to
pay Rodríguez the denied
disability benefits.
The Court ordered the
CCSS to make the payment
within 10 days of the
order or the official or
officials who are
responsible to make the
payment, face between
three months and two
years prison or a fine
of 20 to 60 days basic
salary. |
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