Legislator Case Law & Legislation
II UKN 574/97 AI generated

Supreme Court reversed social insurance court for failing to order evidence despite civil procedure's adversarial principle.

Case Number II UKN 574/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland quashed the appellate court's dismissal of Ryszard B.'s claim for a disability pension due to a work accident. The applicant argued that his heart attack during a driving lesson was a work accident, while the social insurance office denied it due to lack of an external cause. The court ruled that the appellate court erred by not ordering expert medical evidence despite the statutory duty to clarify the case's essence, overriding the strict adversarial principle.

Legislator headnote

AI generated

Art. 378 § 2 KPC; Art. 486 § 1, 2 KPC: The duty of the court to clarify the essence of the case and admit evidence does not cease even when the principle of adversarial proceedings dominates.

Keywords

AI generated
work accident recognition external cause requirement court duty to clarify adversarial principle social insurance dispute medical expert opinion procedural error

Cited Legislation

AI generated
Art. 378 § 2 KPC
Art. 486 § 1 KPC
Art. 486 § 2 KPC
Art. 393 § 13 KPC
Art. 6 of the Act of 12 June 1975 on benefits for work accidents and occupational diseases

Cited Case Law

AI generated

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