Free formation of the judge's conviction to decide on the ruling of loss of work capacity

Abstract

The assessment of loss of work capacity in Colombia is a technical and scientific document that requires specialized knowledge for its preparation. However, the elements that compose it can be subject to judicial controversy. Therefore, it is worth considering whether the Judge is subject to a legal tariff or solemn proof to modify the aspects that make up these assessments. This article describes the current process of assessing loss of work capacity and analyzes, from a jurisprudential perspective, whether the judge in Colombia is subject to a legal tariff or, on the contrary, can freely form their conviction in accordance with the general rule established in Article 61 of the Labor and Social Security Procedural Code. Furthermore, reflections are made regarding the findings, which indicate that the judge is not bound by probative solemnity. The jurisprudence of the Labor Chamber of the Supreme Court of Justice during the years 2017 to 2021, the current regulations, and literature found in databases were consulted, using the same keywords as search terms.