Legislator Case Law & Legislation
II UKN 28/96 AI generated

Supreme Court dismissed cassation regarding social security pension denial based on insufficient work period evidence.

Case Number II UKN 28/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Krystyna S. against the Social Insurance Office's denial of her pension due to an insufficient 20-year work record. The lower courts rejected the applicant's claim that she worked in her in-laws' farm, citing witness testimony inconsistencies and the fact that she lived elsewhere during the alleged employment period. The court upheld the lower courts' assessment that the evidence was sufficient to determine the work duration without further verification, ruling that the procedural arguments failed to justify a retrial.

Legislator headnote

AI generated

Art. 393 § 1 KPC; Art. 5 KPC; Art. 212 KPC; Art. 233 § 1 KPC; Art. 393 § 12 KPC: A cassation appeal based on alleged procedural violations is dismissed if the lower courts conducted a complete evidentiary process and their assessment of witness credibility and facts was reasonable within the bounds of logical reasoning and life experience.

Keywords

AI generated
social security pension work period calculation witness credibility assessment procedural violation cassation evidentiary process completeness agricultural employment verification lower court fact finding

Cited Legislation

AI generated
Art. 393 § 1 KPC
Art. 5 KPC
Art. 212 KPC
Art. 233 § 1 KPC
Art. 393 § 12 KPC

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