Supreme Court allows supplementary pension claim under civil code even if job loss was unrelated to occupational disease.
Legislator summary
AI generatedThe Supreme Court set aside the lower courts' dismissal of a supplementary pension claim against a veterinary institute. The plaintiff, diagnosed with occupational brucellosis, lost his job due to a factory reorganization in 1990, but the lower courts incorrectly limited his civil law claims to pre-1990 events. The Court ruled that the loss of earning capacity and increased needs resulting from the disease must be assessed under civil law regardless of the non-medical cause of unemployment, ordering a retrial to calculate the specific pension amount.
Legislator headnote
AI generatedArt. 444 § 2 k.c.; Art. 3 § 2 k.p.c.; A worker who loses employment capacity due to occupational disease may claim a supplementary pension under civil law even if the subsequent job loss was not caused by that disease.