Supreme Court remands disability pension case for re-evaluation of work period and injury causation timeline.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland remanded the case to the lower court for a new factual examination regarding the applicant's work history and injury timeline. The applicant argued that a 1993 accident caused his disability, while the Social Insurance Office denied the pension due to insufficient work tenure and the delay between job loss and disability onset. The Court ruled that the lower court failed to verify if a lesser degree of disability existed before the 18-month period expired and incorrectly calculated the relevant work decade, necessitating a retrial.
Legislator headnote
AI generatedUstawa z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; art. 32 ust. 3; art. 33 ust. 2; art. 421 § 2 k.p.c.; art. 422 § 2 k.p.c. - When disability arises after 18 months of unemployment, the court must verify if a lower degree of disability existed at the time of unemployment to determine work tenure eligibility.