Supreme Court dismissed extraordinary review, allowing expert opinion to determine continued disability status despite prior general health disability.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed an extraordinary review regarding a claim for work-related disability pension. The applicant had previously been recognized as disabled due to general health, but the Social Insurance Institution denied the work-related component based on expert medical opinions stating no current disability existed. The court ruled that even when a prior general health disability is uncontested, courts must verify if the applicant remains disabled to legally justify the pension claim.
Legislator headnote
AI generatedUstawa z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; Rozporządzenie Ministra Pracy, Płac i Spraw Socjalnych z dnia 5 sierpnia 1983 r. - Courts must determine if a previously established general health disability persists to justify a work-related disability pension, even if the general disability is not contested.