Legislator Case Law & Legislation
II URN 64/95 AI generated

Supreme Court quashes disability pension decision due to lower court's failure to obtain medical records proving injury date.

Case Number II URN 64/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland quashed the lower court's decision denying a disability pension because the court failed to obtain specific medical documentation required to prove the injury occurred within the statutory timeframe. The applicant argued that the medical commission's procedural errors and the lower court's refusal to seek backdated records violated the principle of comprehensive fact-finding. Consequently, the case was remanded for a new trial where the court must actively procure the necessary medical evidence to determine the validity of the pension claim.

Legislator headnote

AI generated

Art. 477 § 5 k.p.c.; Art. 3 § 2 k.p.c.; Art. 232 k.p.c.: A court must actively seek out medical documentation relevant to establishing the date of disability, and a failure to do so constitutes a serious violation of the principle of comprehensive fact-finding requiring the case to be remanded.

Keywords

AI generated
disability pension medical documentation comprehensive fact-finding procedural violation remand for retrial injury date determination social insurance benefits

Cited Legislation

AI generated
Art. 477 § 5 k.p.c.
Art. 3 § 2 k.p.c.
Art. 232 k.p.c.
Art. 421 § 2 k.p.c.
Art. 422 § 2 k.p.c.
art. 3 § 2 k.p.c
art. 419 § 3 k.p.c
art. 232 k.p.c

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