Legislator Case Law & Legislation
II UKN 348/97 AI generated

Employer liable for occupational disease compensation if disease originated during employment at that employer.

Case Number II UKN 348/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling that awarded compensation to a nurse for an occupational disease. The plaintiff worked at a hospital from 1960 to 1974, where she contracted infectious jaundice, but continued working in similar conditions at another facility. The court held that the employer responsible is the one where the disease originated, and the fact that the plaintiff remains exposed elsewhere does not absolve the original employer. Consequently, the claim against the current employer was rejected because the disease was established during her prior employment.

Legislator headnote

AI generated

Ustawa o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych; Art. 49 ust. 3: The employer where the occupational disease originated remains liable even if the employee continues to work in hazardous conditions elsewhere.

Keywords

AI generated
occupational disease liability employer responsibility infectious jaundice compensation claim statute of limitations workplace exposure medical certification

Cited Legislation

AI generated
Act of 12 June 1975 on benefits in respect of work accidents and occupational diseases
Article 291 of the Code of Civil Procedure
Article 49 paragraph 3 of the Act on benefits in respect of work accidents and occupational diseases

Cited Case Law

AI generated
V PZP 3/78

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