Statutory claim for death compensation becomes enforceable only upon the effective medical commission ruling. The Supreme Court ruled that the limitation period starts from the medical commission's effective ruling, not the employee's death. The court held that the claim becomes enforceable only upon the effective medical commission ruling, not the employee's death. The court held that the limitation period starts from the medical commission's effective ruling, not the employee's death.
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding the start of the limitation period for a death compensation claim by a family member of an invalid pensioner. The plaintiff argued the claim became enforceable at the time of her husband's death, while the defendant contended it started three years after that date. The court ruled that the claim becomes enforceable only upon the effective medical commission ruling establishing the causal link between the death and the occupational disease.
Legislator headnote
AI generatedArt. 12 ust. 1 ustawy z dnia 12 czerwca 1975 r. o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych; The limitation period for a death compensation claim by a family member of an invalid pensioner begins on the day the medical commission ruling establishing the causal link between death and occupational disease becomes effective.