Legislator Case Law & Legislation
II PRN 13/95 AI generated

Supreme Court quashes labor law judgment for failing to consider all evidence when calculating occupational disease compensation.

Case Number II PRN 13/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially revoked a lower court's judgment regarding occupational disease compensation due to procedural errors. The plaintiff argued that his actual income from business activities should be considered when calculating his compensation, but the lower court relied solely on an expert opinion that ignored contradictory insurance records. The court held that in labor law cases, the judge is not bound by the plaintiff's specific claim amount if the established facts warrant a different calculation, necessitating a retrial.

Legislator headnote

AI generated

Art. 476 § 1 pkt 1 k.p.c.; Art. 477 § 1 k.p.c.; Art. 233 § 1 k.p.c.; Art. 286 k.p.c.; Art. 422 § 2 k.p.c.: In proceedings concerning labor relations, the court is not bound by the plaintiff's specific claim amount and must base its decision on all proven facts; failure to consider contradictory evidence constitutes a violation of procedural rules requiring retrial.

Keywords

AI generated
labor law proceedings occupational disease compensation expert opinion evidence contradictory insurance records procedural violation retrial order calculation of damages

Cited Legislation

AI generated
Art. 476 § 1 pkt 1 k.p.c.
Art. 477 § 1 k.p.c.
Art. 233 § 1 k.p.c.
Art. 286 k.p.c.
Art. 422 § 2 k.p.c.
art. 476 § 1 pkt 1 k.p.c
art. 350 k.p.c
art. 419 § 3 k.p.c
art. 444 § 2 k.c
art. 233 § 1 k.p.c

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