Supreme Court dismisses cassation where same expert participated in two medical opinion teams.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a farmer seeking disability pension against the Social Security Fund. The applicant argued that the use of two expert medical teams, both containing the same psychiatrist, violated procedural rules regarding expert selection and evidence admissibility. The court rejected these claims, noting that the evidence was already part of the case file and that the specific medical issue required only one specialist's opinion, rendering the psychiatrist's dual presence irrelevant to the legal standards.
Legislator headnote
AI generatedArt. 278 § 1 KPC; Art. 290 § 1 KPC; Art. 393 § 1 KPC: The participation of the same expert in two different expert teams does not constitute a procedural violation if the expert's specialty matches the medical condition under review, and new evidence or circumstances cannot be introduced at the cassation stage.