Supreme Court dismisses cassation allowing expert opinion from prior disability case without party objection.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a claimant against a social insurance office's decision to deny disability pension. The claimant argued that the appellate court erred by admitting an expert opinion from a previous disability proceeding without her request to exclude the expert under Article 281 of the Code of Civil Procedure. The court held that admitting such evidence does not constitute a procedural violation capable of affecting the case outcome when the party did not request the expert's exclusion and no grounds existed for the court to dismiss the expert ex officio.
Legislator headnote
AI generatedArt. 3931 pkt 2 KPC; Art. 281 KPC: The admission of an expert opinion from a prior disability proceeding does not violate procedural rules affecting the outcome if the party did not request the expert's exclusion and no ex officio grounds for dismissal existed.