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

Supreme Court allows supplementary pension claim under civil code even if job loss was unrelated to occupational disease.

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

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
supplementary pension occupational disease loss of employment civil liability loss of earning capacity retrial procedure statutory exclusion

Cited Legislation

AI generated
Art. 444 § 2 k.c.
Art. 3 § 2 k.p.c.
Art. 422 § 2 k.p.c.
Act of 12 June 1975 on benefits for work accidents and occupational diseases
art. 444 § 2 k.c
art. 300 k.p
art. 3 § 2 k.p.c
art. 422 § 2 k.p.c

Cited Case Law

AI generated
III PZP 20/90 - OSNCP 1991 z. 7 poz. 79

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