The Supreme Court has upheld a ruling granting permanent total disability to a retired Barcelona Metro mechanic, Rafael Rubio, due to asbestos exposure. This decision marks the first time a former employee of Transports Metropolitans de Barcelona (TMB) has received such recognition.

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Mr Rubio, who worked for over 40 years as a mechanic turner at TMB’s Vilapicina workshops in Barcelona, was diagnosed with asbestosis, pleural plaques, and pulmonary emphysema in 2013. The High Court of Justice of Catalonia (TSJC) previously ruled that his lung disease resulted from “chronic asbestos exposure” during his employment. The TSJC noted extensive evidence confirming the presence of asbestos materials in parts of Metro convoys, including engines and brake shoes. This led to the emission of asbestos fibres into the environment, particularly within the tunnels.

Landmark Disability Ruling Confirmed

Col·lectiu Ronda, the legal firm representing Mr Rubio, announced the Supreme Court’s decision to reject the appeal filed by Metro de Barcelona. This effectively ratifies the TSJC’s earlier judgment. The ruling establishes a significant precedent for other former TMB workers affected by asbestos-related illnesses, highlighting the long-term health risks faced by those in industrial roles. Asbestos exposure remains a serious public health concern in Catalonia, particularly for individuals who worked in industrial sectors before its ban. Many former employees of companies like TMB are now facing long-term health consequences from past occupational exposure.

Damages Trial Scheduled

A trial for damages and compensation, filed by Mr Rubio concerning his condition, is scheduled to take place this Wednesday. This upcoming legal proceeding will determine the financial redress for his suffering and further address the impact of his occupational disease.

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Originally published by 20 Minutos Barcelona. Read original article.