Supreme Court allows disability pension for employee whose health worsened during employment despite prior group status.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court overturned the lower court's decision to grant a disability pension to a worker who had previously been classified as a second-group invalid. The court found that the lower court incorrectly required the health deterioration to occur before the employee turned 22, whereas the law only mandates a significant worsening within the same disability group during employment. Consequently, the court ruled that the applicant met the statutory conditions and granted the pension retroactively from the date the new pension law took effect.
Legislator headnote
AI generatedArt. 34 ust. 1 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 33 ust. 1 pkt 2 i 3 tejże ustawy: A worker who was a first or second group invalid before employment may receive a disability pension if their health significantly worsens during employment, even if the worsening occurred before age 22, provided the employment duration requirements are met.