Supreme Court dismisses appeal on supplementary pension calculation based on hypothetical future earnings at comparable positions.
Legislator summary
AI generatedThe 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 generatedArt. 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.