Legislator Case Law & Legislation
II UKN 168/98 AI generated

Supreme Court dismissed cassation against a social security court's decision denying disability pension.

Case Number II UKN 168/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Bożena M. against the Lublin Social Security Court's refusal to grant her a disability pension. The appellant argued that the appellate court failed to conduct necessary medical evidence proceedings regarding the onset date of her disability. The court ruled that since the first-instance findings were not contradicted and the reasoning error did not affect the outcome, the appeal was unfounded.

Legislator headnote

AI generated

Art. 382 KPC; Art. 233 § 1 KPC; Art. 328 § 2 KPC; Art. 3931 § 2 KPC; Art. 3933 KPC: An appellate court may make different factual findings without new evidence if they lack evidentiary basis or violate free evaluation rules, but a cassation claim based on insufficient reasoning is dismissed if the error did not influence the final judgment.

Keywords

AI generated
disability pension social security law appellate procedure cassation appeal factual findings medical evidence reasoning defect

Cited Legislation

AI generated
Art. 382 KPC
Art. 233 § 1 KPC
Art. 328 § 2 KPC
Art. 3931 § 2 KPC
Art. 3933 KPC
Art. 32 of the Act of 14 December 1982 on pension provision for employees and their families

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