Supreme Court allows extraordinary review, ruling administrative appeal court must order new medical exam for occupational disease claims.
Legislator summary
AI generatedThe Supreme Court granted extraordinary review, overturning a lower administrative court decision that had dismissed a worker's claim for occupational hearing loss. The worker argued that the appeal court failed to order a mandatory new medical examination despite his request under specific regulations, while the opposing factory contended the initial medical findings were sufficient. The court ruled that the relevant regulation grants workers a specific procedural right to demand a new exam upon unfavorable results, thereby obligating the administrative body to conduct it.
Legislator headnote
AI generated§ 9 ust. 1 rozporządzenia Rady Ministrów z dnia 18 listopada 1983 r. w sprawie chorób zawodowych; art. 136 Kodeksu postępowania administracyjnego: The regulation granting workers the right to request a new medical examination does not exclude the application of evidence rules or limit the appellate organ's competence to order such an examination upon request.