The high court's decision rejects the appeal filed by TMB, making previous rulings firm that attribute the illnesses of Rafael Rubio, a lathe mechanic, to asbestos. This resolution makes him the first living former employee of the Barcelona subway to be recognized with an occupational disease from inhaling asbestos dust at the Vilapicina workshop.
“"This is the first case resolved by the TSJC concerning a worker who is still alive and initiated the judicial claim procedure while still providing services."
Col·lectiu Ronda, representing Rubio and other affected workers, has highlighted the "legal significance" of this pioneering ruling. The High Court of Justice of Catalonia (TSJC) had previously confirmed that another former metro operator died from pleural cancer caused by inhaling asbestos fibers.
The TSJC ruling noted the "chronic, intense, and constant" exposure to asbestos that Rubio endured for over four decades. Metro convoys contained parts with this dangerous material, such as engines and brake shoes, which released asbestos fibers into the environment, especially in tunnels. TMB removed the last train with asbestos components in October 2024.
This Supreme Court resolution comes just before a new trial where Rubio will face TMB, seeking 180,000 euros in compensation for economic, physical, and moral damages. Rubio's lawyer, Àlex Tisminetzky, accuses TMB of systematically denying its workers' exposure to asbestos and warns that many more cases will emerge due to the long latency periods of these pathologies.
