Supreme Court dismisses appeal when employee's gross negligence is not sole cause of accident.
Legislator summary
AI generatedThe Supreme Court dismissed the Social Insurance Institution's appeal against a lower court ruling granting disability benefits to an employee injured in a workplace commute accident. The employee was found negligent for crossing a crossing without checking for oncoming trams, but the court determined this did not constitute gross negligence. The decision relied on expert opinions showing the tram driver could have avoided the collision, establishing that the accident was not solely caused by the employee's actions.
Legislator headnote
AI generatedArt. 8 in conjunction with Art. 41 ust. 4 of the Act on Benefits from Work Accidents and Occupational Diseases; An employee's negligence in a work accident does not preclude benefits if the accident was not caused exclusively by that negligence.