Legislator Case Law & Legislation
II PRN 8/95 AI generated

Supreme Court reversed dismissal of worker's compensation claim due to procedural violation of full fact-finding duty.

Case Number II PRN 8/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially overturned a lower court's dismissal of a worker's compensation claim against a mining company. The plaintiff argued her husband died in a work accident, but the lower court incorrectly identified the employer without verifying a subcontracting agreement. The court ruled that failing to investigate this crucial fact violated the statutory duty of comprehensive fact-finding and constituted a ground for extraordinary review.

Legislator headnote

AI generated

Art. 3 § 2 k.p.c.; Art. 417 § 1 k.p.c.: A court's failure to investigate essential facts regarding the employer in a work injury case constitutes a procedural violation and grounds for extraordinary review.

Keywords

AI generated
extraordinary review work injury compensation subcontracting agreement comprehensive fact-finding procedural violation employer identification Supreme Court reversal

Cited Legislation

AI generated
Art. 3 § 2 k.p.c.
Art. 417 § 1 k.p.c.
art. 417 § 1 k.p.c
art. 3 § 2 k.p.c

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