Legislator Case Law & Legislation
II UKN 35/98 AI generated

Social security claim dismissed due to statute of limitations; claim barred until medical commission ruling. Claimant lacks ability to claim before accident protocol and disability decision.

Case Number II UKN 35/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's decision dismissing the claimant's social security compensation request, ruling that the three-year statute of limitations had not yet begun. The court found the claimant could not have realistically demanded compensation before the employer drafted the accident protocol and the medical commission issued a disability determination linking the injury to the work trip. Consequently, the three-year limitation period started only upon the finalization of the medical commission's ruling, invalidating the lower courts' earlier conclusion that the claim was time-barred.

Legislator headnote

AI generated

Art. 291 § 1 Kodeksu pracy; Art. 393 § 1 Kodeksu postępowania cywilnego: The limitation period for a one-time compensation claim begins only when the claimant acquires a real possibility to demand it, which requires the completion of the accident protocol and a medical commission ruling establishing the disability link.

Keywords

AI generated
social security compensation statute of limitations work accident protocol medical commission ruling disability determination real possibility to claim Supreme Court cassation

Cited Legislation

AI generated
Art. 291 § 1 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

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