Legislator Case Law & Legislation
II UKN 319/97 AI generated

Supreme Court dismisses appeal on supplementary pension calculation based on hypothetical future earnings at comparable positions.

Case Number II UKN 319/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding the calculation of a supplementary pension for a work accident victim. The plaintiff argued for a pension based on his former director's salary, while the court held that the reference point must be hypothetical earnings at a comparable independent position he would have held had he not been injured. The court ruled that since the plaintiff was permanently removed from work due to the accident, the relevant benchmark is the average wage of similarly qualified employees at independent roles, not his pre-accident position.

Legislator headnote

AI generated

Art. 444 § 2 KC; Art. 21 ust. 1 pkt 3 UPO; The supplementary pension for a work accident victim is calculated by equating the victim's financial situation to a hypothetical one where they would have occupied a comparable independent position, using the average wage of such employees as the reference point.

Keywords

AI generated
supplementary pension work accident hypothetical earnings comparable position financial equivalence independent position pension calculation

Cited Legislation

AI generated
Art. 444 § 2 KC
Art. 21 ust. 1 pkt 3 UPO
Art. 393 § 12 KPC

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