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