Supreme Court dismisses appeal on occupational disease compensation timing under insolvency protection law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding a claim for occupational disease compensation against the Employees' Benefits Guarantee Fund. The plaintiff argued that the right to compensation arose only after the employer's insolvency, while the lower courts held it arose upon the establishment of the disability assessment. The court ruled that the statutory provision governing this specific insolvency scenario applies retroactively to the case, validating the lower court's procedural handling of the claim's timing.
Legislator headnote
AI generatedArt. 6 ust. 2 ustawy z dnia 29 grudnia 1993 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy; The right to one-time compensation for occupational disease under the insolvency protection statute is governed by the version of the law in force at the time of the dispute, not the date of the disability assessment.