Legislator Case Law & Legislation
II UKN 485/97 AI generated

Supreme Court quashes appeal ruling for new expert opinion on occupational lung disease existence.

Case Number II UKN 485/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court quashed the appellate court's dismissal of the plaintiff's claim for compensation regarding occupational lung disease. The plaintiff argued that the initial expert opinion was insufficient and requested a new expert to assess the disease's impact on the circulatory system, which the lower court incorrectly dismissed as a mere delay tactic. The court held that the plaintiff's request for a multidisciplinary expert opinion was substantiated by medical necessity and did not violate procedural rules against dilatory tactics.

Legislator headnote

AI generated

Art. 217 § 2 KPC; Art. 278 § 1 KPC; Art. 285 § 2 KPC; Art. 290 § 1 KPC; Art. 393 § 13 KPC: A request for a new expert opinion based on specialized medical knowledge regarding the existence and scope of an occupational disease is substantiated if the initial assessment lacks sufficient basis, and such a request is not considered a dilatory tactic under procedural law.

Keywords

AI generated
occupational disease compensation expert opinion validity procedural delay tactic multidisciplinary medical assessment circulatory system impact Supreme Court cassation labor law damages

Cited Legislation

AI generated
Art. 217 § 2 KPC
Art. 278 § 1 KPC
Art. 285 § 2 KPC
Art. 290 § 1 KPC
Art. 393 § 13 KPC

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