Legislator Case Law & Legislation
II URN 5/94 AI generated

Supreme Court quashes lower court ruling denying occupational disease pension due to non-binding prior inspector decision.

Case Number II URN 5/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed the Gdansk Labor Court's decision denying an occupational disease pension to Konstanty W. The court found the lower court erred by relying on a prior non-binding sanitary inspector decision that had been issued years before the applicant's continued exposure to mercury and lead. The Supreme Court held that such a prior decision does not bind the court when the applicant remains employed in hazardous conditions, allowing for a fresh evaluation based on expert medical opinions. Consequently, the case was remanded to the Gdansk Labor Court for a new proceeding.

Legislator headnote

AI generated

Art. 3 § 2 k.p.c.; Art. 18, 33 of the Act on Benefits for Work Accidents and Occupational Diseases; § 3 ust. 1, § 77 ust. 4, § 13 of the Government Ordinance on Occupational Diseases: A prior decision by a sanitary inspector denying the existence of an occupational disease does not bind the court in subsequent benefit proceedings, particularly when the applicant continued to work in hazardous conditions after that decision.

Keywords

AI generated
occupational disease pension non-binding prior decision sanitary inspector ruling mercury exposure remand for retrial

Cited Legislation

AI generated
Art. 3 § 2 k.p.c.
Art. 18 and 33 of the Act on Benefits for Work Accidents and Occupational Diseases
§ 3 ust. 1, § 77 ust. 4 and § 13 of the Government Ordinance on Occupational Diseases
art. 3 § 2 k.p.c
art. 422 § 2 k.p.c

Cited Case Law

AI generated
II PZP 1/93

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