Legislator Case Law & Legislation
II UKN 29/96 AI generated

Supreme Court dismisses appeal from final second-instance ruling on work accident, ruling procedure is open session by default.

Case Number II UKN 29/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a final ruling by the Court of Appeal in a work accident compensation case. The appellant argued that the lower court violated procedural rules by failing to interview him before a medical expert's opinion, claiming this affected the outcome. The court rejected this, stating that for final second-instance decisions, cassation is automatically heard in closed sessions regardless of the appeal's basis, and that the expert's opinion was based on specialized knowledge where witness testimony was unnecessary.

Legislator headnote

AI generated

Art. 393 § 8 ust. 2 KPC; Art. 393 § 11 KPC: Cassation against a final second-instance decision is heard in closed session by default, and the Supreme Court reviews only procedural invalidity grounds.

Keywords

AI generated
cassation procedure closed session default second instance final work accident compensation medical expert opinion procedural violation specialized knowledge

Cited Legislation

AI generated
art. 393 § 8 ust. 2 KPC
art. 393 § 11 KPC
art. 393 § 12 KPC
art. 224 § 1 KPC
art. 299 KPC

Cited Case Law

AI generated
C.III. 719/45
C II 214/46

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