Legislator Case Law & Legislation
II UKN 458/97 AI generated

Supreme Court dismissed claim for lump sum compensation after statutory pension was already awarded.

Case Number II UKN 458/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court's rejection of her claim for lump-sum compensation in lieu of a statutory pension. The plaintiff, an operator with a work-related illness, sought a one-time payment after her employer entered liquidation, arguing the change in circumstances justified the statutory exception. The court held that since the plaintiff's disability and the employer's liquidation status existed before the initial pension award, no new grounds for conversion arose.

Legislator headnote

AI generated

Art. 447 KC; Art. 393 § 11, 12 KPC: A claim for lump-sum compensation in lieu of a previously awarded statutory pension is inadmissible unless significant new circumstances arose after the initial judgment.

Keywords

AI generated
statutory pension lump sum compensation work-related illness employer liquidation cassation appeal new circumstances civil code

Cited Legislation

AI generated
Art. 447 KC
Art. 393 § 11 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated
III CZP 17/66
I PZ 83/67

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text