Legislator Case Law & Legislation
II URN 48/95 AI generated

Supreme Court allows widow's mining pension by ruling death in underground accident equals disability regardless of work duration.

Case Number II URN 48/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned a lower court decision that denied a widow's mining pension to the applicant, Alicja W. The court found that the applicant's husband died in a workplace accident underground, which legally equates to disability under mining pension laws, regardless of his short nine-month tenure. Consequently, the court ruled that the lower court's refusal violated specific statutes granting priority to the accident-based pension scheme over general pension rules.

Legislator headnote

AI generated

Art. 13 ust. 2 ustawy o zaopatrzeniu emerytalnym górników; Art. 26 ustawy o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych: Death in a workplace accident underground constitutes disability for pension purposes, granting a widow's pension without requiring a minimum period of underground work.

Keywords

AI generated
mining widow pension workplace accident death underground work duration social insurance priority disability equivalence statutory interpretation pension rights

Cited Legislation

AI generated
Art. 13 ust. 2 of the Act on Pension Provision for Miners
Art. 26 of the Act on Benefits in Case of Occupational Accidents and Occupational Diseases
Art. 30 of the Act on General Pension Provision
art. 419 § 3 k.p.c
art. 417 § 1 k.p.c

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