III RN 99/97
AI generated
Supreme Court dismisses appeal allowing occupational disease denial due to medical diagnosis by unauthorized health unit.
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's extraordinary review against a decision denying occupational hepatitis B. The lower court rejected the claim because a hepatology clinic, lacking specific occupational medicine authority, diagnosed the condition. The Supreme Court ruled that this procedural error constituted a flagrant violation of law, rendering the denial decision invalid.
Legislator headnote
AI generated§ 7 ust. 1 and 4 of the Council of Ministers' Regulation of 18 November 1983 on occupational diseases; A decision denying an occupational disease based on a medical certificate issued by an unauthorized health unit constitutes a flagrant violation of law.
Keywords
AI generated
occupational disease
flagrant violation of law
medical diagnosis authority
extraordinary review
procedural error
healthcare unit competence
administrative decision
Cited Legislation
AI generated§ 7 ust. 1 and 4 of the Council of Ministers' Regulation of 18 November 1983 on occupational diseases
§ 10 ust. 1 of the Council of Ministers' Regulation of 18 November 1983 on occupational diseases