Legislator Case Law & Legislation
II URN 13/96 AI generated

Supreme Court reverses lower court, ruling medical tests after 10 years of disability cannot end disability pension without special circumstances.

Case Number II URN 13/96
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 had denied a work accident disability pension based on medical tests conducted after a decade of continuous disability. The applicant argued that his condition had not changed despite the tests, while the lower court relied on expert opinions showing improvement. The Supreme Court held that conducting control examinations after ten years of uninterrupted disability is prohibited unless specific circumstances justify it, thereby restoring the applicant's pension rights.

Legislator headnote

AI generated

Art. 25 ust. 3 i 4 ustawy z dnia 14 grudnia 1982 r. o z.e.p.; § 29 ust. 3 rozporządzenia: Control medical examinations conducted after ten years of continuous disability cannot serve as a basis for denying a disability pension unless special circumstances justify an official re-examination.

Keywords

AI generated
disability pension control medical examination ten year rule work accident injury social insurance law procedural violation legal interpretation

Cited Legislation

AI generated
Art. 25 ust. 3 i 4 ustawy z dnia 14 grudnia 1982 r. o z.e.p.
§ 29 ust. 3 rozporządzenia
§ 29 ust. 1 pkt 1 rozporządzenia
art. 8 KP
art. 5 KC
art. 422 § 2 KPC

Cited Case Law

AI generated

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