Legislator Case Law & Legislation
II UKN 246/98 AI generated

Supreme Court voids appeal judgment for omitting essential expert opinion on atypical disease progression under Art. 232 KPC.

Case Number II UKN 246/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland quashed the appellate court's judgment and remanded the case for retrial. The applicant sought disability pension, but the lower court rejected his appeal despite an ophthalmologist's suggestion that his eye condition might stem from a prior head injury. The court ruled that excluding the neurologist's opinion, which could explain the atypical disease progression, constituted a significant violation of procedural rules affecting the case outcome.

Legislator headnote

AI generated

Art. 232 KPC; Art. 233 § 1 KPC: Omitting an expert opinion that could significantly influence the case outcome constitutes a significant violation of the law requiring the retrial of the matter.

Keywords

AI generated
disability pension expert opinion atypical progression procedural violation significant violation remand for retrial neurological assessment

Cited Legislation

AI generated
Art. 232 KPC
Art. 233 § 1 KPC
Art. 393 § 13 KPC
Art. 32 of the Act on Pensions for Employees and Their Families

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