Legislator Case Law & Legislation
III RN 99/97 AI generated

Supreme Court dismisses appeal allowing occupational disease denial due to medical diagnosis by unauthorized health unit.

Case Number III RN 99/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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

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