Supreme Court dismissed cassation against work accident finding due to expert opinion reliance on non-institutional views.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal filed by a worker against a lower court's finding of a work accident. The appellant argued that the regional court improperly relied on the personal views of one expert author who did not represent the medical institute's official position. The court held that because the expert acted as an institutional representative, the lower court could not base its factual findings on his individual opinions not aligned with the institute's majority view. Consequently, the court ruled that the lower court did not exceed its authority in evaluating the evidence.
Legislator-Regeste
KI-generiertArt. 290 § 1 zd. 2 KPC; Art. 233 § 1 KPC: When an expert acts as a representative of an institution, the court cannot base its factual findings on the personal opinions of individual authors that do not reflect the institution's unified or prevailing position.