II UKN 98/97
AI generated
Employer failed to prove sailor's misconduct broke work trip link, so death was deemed work-related accident.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court reversed the lower court's decision to deny work-related accident status for a sailor who died in Brazil. The sailor had left the ship during free time to visit a nightclub, but the employer could not prove this conduct severed the connection to his employment duties. The court held that the burden of proof lies with the employer to demonstrate such a break in the work trip's purpose, which they failed to do.
Legislator headnote
AI generatedArt. 6 ust. 2 pkt 1 ustawy wypadkowej; The employer bears the burden of proving that an employee's misconduct during a work trip severed the causal link to employment duties, and such a break is not presumed from mere off-duty activities.
Keywords
AI generated
work-related accident
work trip connection
burden of proof
employer liability
employee misconduct
seafarer death
casualty classification
Cited Legislation
AI generatedArt. 6 ust. 2 pkt 1 ustawy wypadkowej
art. 393 § 15 KPC