Legislator Case Law & Legislation
II UKN 53/97 AI generated

Supreme Court dismisses cassation allowing expert opinion from prior disability case without party objection.

Case Number II UKN 53/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
cassation appeal disability pension expert opinion procedural violation Code of Civil Procedure expert exclusion social insurance

Cited Legislation

AI generated
Art. 3931 pkt 2 KPC
Art. 281 KPC
Art. 392 § 1 KPC
Art. 393 KPC

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text