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II PRN 5/95 AI generated

Supreme Court quashes lower court dismissal of supplementary pension claim due to improper statute of limitations assessment.

Case Number II PRN 5/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland quashed a lower court's dismissal of a supplementary pension claim, ruling the decision violated the statute of limitations. The plaintiff argued that his disability pension and continued employment did not constitute full knowledge of the total damage caused by the workplace accident. The court found the lower court failed to verify if the plaintiff's income remained below his pre-accident potential, necessitating a retrial with expert testimony.

Legislator headnote

AI generated

Art. 442 § 1 k.c.; Art. 444 § 2 k.c.: The statute of limitations for a supplementary pension claim begins only when the claimant acquires full knowledge of the total damage, which requires assessing whether the disability pension and subsequent earnings were insufficient to compensate for lost pre-accident income.

Keywords

AI generated
supplementary pension workplace accident statute of limitations disability pension income assessment expert testimony retrial procedure

Cited Legislation

AI generated
Art. 442 § 1 k.c.
Art. 444 § 2 k.c.
Art. 3 § 2 k.p.c.
Art. 420 § 2 k.p.c.
Art. 421 § 2 k.p.c.
Art. 422 § 1 k.p.c.
art. 442 § 1 k.c
art. 444 § 2 k.c
art. 442 k.c
art. 3 § 2 k.p.c

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