Supreme Court dismisses appeal, ruling occupational disease must arise during exposure period, not after recovery.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former nurse against a regional court's rejection of his workers' compensation claim. Although administrative bodies confirmed his hepatitis B was an occupational disease contracted in 1967, the lower court ruled the claim inadmissible because the disease did not 'arise' during his employment as a doctor after his recovery. The Supreme Court agreed, interpreting the statute to require the disease to manifest and be identifiable while the worker was still exposed to the risk, rather than after they had returned to work.
Legislator headnote
AI generatedArt. 49 ust. 3 ustawy o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych; The phrase 'occupational disease arising in employment' requires the disease to manifest and be identifiable during the period of exposure to the risk, not after the worker has recovered and resumed duties.