Employer liable for occupational disease compensation if disease originated during employment at that employer.
Legislator summary
AI generatedThe 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 generatedUstawa 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.