II UKN 399/99
KI-generiert
Supreme Court dismisses request for third expert opinion when first expert rigidifies stance due to doubts.
Polen (PL)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court of Poland dismissed the cassation appeal regarding a disability pension claim, sending the case back for retrial. The lower court had ordered a third expert opinion from the same specialist after the applicant criticized the initial medical assessment. The Supreme Court ruled that seeking another opinion from the same expert is irrational if the expert merely rigidifies their previous stance rather than expanding their analysis.
Legislator-Regeste
KI-generiertArt. 286 in fine KPC; Art. 393 § 1 KPC: When an expert's additional opinion indicates they are rigidifying their previous stance due to doubts rather than expanding their analysis, the court is obligated to seek an opinion from a different expert.
Schlagwörter
KI-generiert
third expert opinion
medical expert rigidification
disability pension claim
freedom of evidence assessment
irrationality of additional opinion
KPC procedural law
medical expert competence
Zitierte Gesetzesbestimmungen
KI-generiertArt. 286 in fine KPC
Art. 393 § 1 KPC
Zitierte Rechtsprechung
KI-generiertII URN 12/94 OSNAPiUS 1994 nr 4, poz. 71