Supreme Court dismisses appeal due to procedural violation regarding expert opinion acceptance and disability date determination.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal because the second-instance court accepted an expert opinion without verifying if the applicant had the required employment period at the time of disability onset. The applicant argued that the first-instance court failed to clarify whether he possessed the necessary employment duration on the disputed date, while the second-instance court relied on an expert report contradicting earlier administrative findings. The court ruled that failing to establish these critical facts regarding the disability date and employment history constituted a procedural violation under the Code of Civil Procedure that could significantly affect the outcome.
Legislator headnote
AI generatedArt. 232 zd. 2 KPC; Art. 382 KPC: Acceptance by the second-instance court of an expert opinion not considered by the first-instance court, resulting in a different disability onset date determination without verifying the required employment period at that time, constitutes a procedural violation under Art. 232 KPC.