Legislator Case Law & Legislation
II PRN 3/95 AI generated

Supreme Court remands work injury case for full fact-finding after excluding carbon monoxide poisoning as cause of death.

Case Number II PRN 3/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland revoked lower court decisions that dismissed a claim for a work-related death benefit based on carbon monoxide poisoning. The plaintiff argued her husband died from gas poisoning, while the defendant and medical experts claimed a heart attack was the cause. The court held that excluding poisoning did not absolve the court of its duty under Article 3 § 2 of the Code of Civil Procedure to investigate all external causes, noting the lack of autopsy and missing medical history. Consequently, the case was remanded for a comprehensive re-examination of the worker's health status and working conditions.

Legislator headnote

AI generated

Art. 3 § 2 k.p.c.; Art. 6 ust. 1 ustawy wypadkowej; The exclusion of carbon monoxide poisoning as the cause of death does not relieve the court of the obligation to conduct a comprehensive investigation into all circumstances that could constitute an external cause of a work accident.

Keywords

AI generated
work accident causation carbon monoxide poisoning heart attack exclusion autopsy necessity medical history evidence code of civil procedure remand for retrial

Cited Legislation

AI generated
Art. 3 § 2 k.p.c.
Art. 6 ust. 1 ustawy wypadkowej
Art. 422 § 2 k.p.c.
art. 3 § 2 k.p.c
art. 316 § 1 k.p.c
art. 422 § 2 k.p.c

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