Legislator Case Law & Legislation
II UKN 162/98 AI generated

Supreme Court dismissed cassation against denial of sick pay extension due to disability classification.

Case Number II UKN 162/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a worker against the Social Insurance Institution's refusal to extend sick pay. The lower court found that the worker's classification into a disability group after six months of sick leave precluded the positive prognosis required for continued benefits under Article 10 of the Social Benefits Act. The court ruled that the statutory definition of disability and the specific criteria for disability groups explicitly exclude the possibility of extending sick pay once a disability status is established.

Legislator headnote

AI generated

Art. 10 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 23 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; when a worker is classified into a disability group after six months of sick leave, the statutory conditions for extending sick pay are not met as the classification indicates a lack of prognosis for regaining work capacity.

Keywords

AI generated
sick pay extension disability classification social benefits act prognosis of recovery cassation appeal social insurance institution work capacity assessment

Cited Legislation

AI generated
Art. 10 ust. 1 of the Act on Social Benefits in Case of Illness and Maternity
Art. 23 of the Act on Pension Provision for Employees and Their Families
Regulation of the Minister of Labour, Wages and Social Affairs of 5 August 1983 on the composition of medical commissions for disability and employment

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