Supreme Court allows disability pension restoration when medical experts fail to clarify the onset date of new disability within 18 months.
Legislator summary
AI generatedThe Supreme Court of Poland quashed the lower court's dismissal of a disability pension claim due to a failure to properly establish the date of the new disability. The applicant argued that the medical experts ignored critical psychiatric documentation and made an obvious error regarding the injury date, which was crucial for determining if the 18-month statutory bar had passed. The court ruled that the lower court violated its duty to thoroughly examine all relevant circumstances and ordered the case remitted for a complete medical review including psychiatric specialists.
Legislator headnote
AI generatedArt. 36 ust. 1 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 3 § 2 k.p.c.: A disability pension right that ceased due to the loss of disability status must be restored if the worker becomes disabled again within 18 months, provided the court has thoroughly clarified the date of the new disability.