II URN 45/94
AI generated
Social security court allows partial review of disability pension due to pre-existing accident facts revealed after decision.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially revoked lower court decisions regarding a disability pension, ruling that the accident occurred on the way home from work. The Social Security Fund had already known of the accident's existence before issuing the initial pension decision. Consequently, the court determined that the accident status existed prior to the decision and justified a recalculation of the benefit amount.
Legislator headnote
AI generatedArt. 80 ust. 1 of the Social Security Act; Art. 101 of the Social Security Act: If circumstances existing before a decision are revealed after its finalization and affect the right to or amount of benefits, the benefit period must be recalculated according to the specific provisions for accident-related benefits.
Keywords
AI generated
social security benefits
disability pension
accident on way home
benefit recalculation
existing circumstances
social security law
pension group classification
Cited Legislation
AI generatedArt. 80 ust. 1 of the Social Security Act
Art. 101 of the Social Security Act
Art. 477 14 in conjunction with Art. 423 § 1 of the Code of Civil Procedure
Art. 422 § 2 of the Code of Civil Procedure
art. 3 § 2 k.p.c
art. 423 § 1 k.p.c
art. 422 § 2 k.p.c