Legislator Case Law & Legislation
II UKN 91/98 AI generated

Social security appeal dismissed; lawyer cannot expect lower standards for separate proceedings appeals.

Case Number II UKN 91/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a lawyer representing a client in separate social security proceedings. The client had appealed a decision to suspend an early pension based on the care of a sick child, arguing that the lower court failed to verify the child's health status at the time of the medical certificate. The court held that the distinct procedural regime for social security cases does not lower formal requirements for appeals, and the appellant's own admission of general charges was insufficient to justify a detailed review.

Legislator headnote

AI generated

Art. 368 KPC; Art. 393 ust. 1 KPC: Separate proceedings for labor and social security matters do not permit a reduction in formal and substantive requirements for appeals; an appeal must strictly comply with statutory formalities regardless of the distinct procedural nature of the case.

Keywords

AI generated
separate proceedings social security law appeal formalities cassation appeal medical certificate validity

Cited Legislation

AI generated
Art. 368 KPC
Art. 393 ust. 1 KPC
Art. 393 ust. 2 KPC
Dz.U. Nr 28, poz. 149
Dz.U. Nr 40, poz. 267

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