Legislator Case Law & Legislation
II PR 1/96 AI generated

Supreme Court reverses dismissal, ruling statute of limitations starts when employee learns of income loss from disability pension vs. wages.

Case Number II PR 1/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland revoked the lower court's dismissal of the plaintiff's claim for compensatory pension. The lower court incorrectly held the three-year limitation period began when the worker learned of his occupational disease, ignoring that he continued working and earning wages. The court ruled that the limitation period only starts when the employee discovers the specific economic loss, defined as the difference between their disability pension and the wages they would have earned without the injury. Consequently, the case was remanded for a new trial to determine the exact date this income disparity was discovered.

Legislator headnote

AI generated

Art. 442 § 1 zd. 1 KC; Art. 3 § 2 KPC; The three-year statute of limitations for a claim for compensatory pension begins from the date the injured worker becomes aware of the specific economic loss, calculated as the difference between the disability pension received and the wages they would have earned had the injury not occurred, rather than from the date of diagnosis or notification of the disease.

Keywords

AI generated
statute of limitations compensatory pension occupational disease economic loss income disparity remand for retrial labor law

Cited Legislation

AI generated
Art. 442 § 1 zd. 1 KC
Art. 3 § 2 KPC
Art. 388 § 1 KPC
Art. 391 § 1 zdanie 2 KPC

Cited Case Law

AI generated
III PZP 29/84

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