Legislator Case Law & Legislation
II PRN 12/95 AI generated

Supreme Court rules that the effective date of the work accident ruling determines the compensation amount. The court increased the wife's one-time compensation based on the new rate effective on that date.

Case Number II PRN 12/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially overturned a lower court decision regarding work accident compensation for the deceased worker's wife. The lower court had awarded a lower sum because it calculated the benefit based on the date the accident was officially recognized, rather than the date the legal relationship was established. The Supreme Court held that the effective date of the ruling establishing the work accident connection is the correct benchmark for determining the applicable compensation rate. Consequently, the court increased the awarded amount to reflect the higher rates that became effective on that specific date.

Legislator headnote

AI generated

Art. 12, 13 of the Act on Benefits for Work Accidents and Occupational Diseases; the effective date of the court ruling establishing the connection between the worker's death and a work accident is the decisive date for determining the amount of one-time compensation payable to the family members.

Keywords

AI generated
work accident compensation one-time benefit calculation effective date of ruling family member entitlement Supreme Court review statutory rate application compensation increase

Cited Legislation

AI generated
Art. 12 and 13 of the Act on Benefits for Work Accidents and Occupational Diseases
§ 4, paragraph 1, item 1 and paragraph 2 of the Decree of the Council of Ministers of 8 August 1988 on increasing certain benefits for work accidents and occupational diseases
Art. 477 § 3 item 1 and § 15 in conjunction with Art. 423 § 1 of the Code of Civil Procedure
Art. 422 § 1 of the Code of Civil Procedure
art. 423 § 1 k.p.c
art. 422 § 1 k.p.c

Cited Case Law

AI generated
II PRN 4/93
III PZP 49/89 - OSP 1991 z. 1 poz. 10
III PZP 3/82 - OSNCP 1982 z. 10 poz. 144

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