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II PRN 7/95 AI generated

Supreme Court dismissed extraordinary review, upholding lower court's rejection of worker's compensation claim due to lack of proven loss.

Case Number II PRN 7/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review against a lower court judgment that rejected a worker's claim for compensatory pension and damages. The plaintiff argued that his disability pension was calculated using an unfavorable income period and sought additional compensation for lost earnings, but the lower court found no actual loss since his actual income exceeded hypothetical earnings. The court upheld the decision because the plaintiff failed to prove a high probability of re-employment or high foreign earnings, confirming that no compensatory damages were due.

Legislator headnote

AI generated

Art. 444 § 2 k.c.; Art. 118 k.c.; Art. 421 § 1 k.p.c.: A compensatory pension claim requires proof of actual loss; if the victim's actual income exceeds hypothetical earnings, no damages are due, and extraordinary review is inadmissible when lower courts correctly apply these principles.

Keywords

AI generated
compensatory pension extraordinary review actual loss requirement disability pension lost earnings claim

Cited Legislation

AI generated
Art. 444 § 2 k.c.
Art. 118 k.c.
Art. 421 § 1 k.p.c.
art. 88 k.c
art. 415 k.c
art. 1 Konstytucji RP
art. 444 k.c
art. 444 § 2 k.c
art. 118 k.c
art. 421 § 1 k.p.c

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