Legislator Case Law & Legislation
II UKN 337/98 AI generated

Supreme Court allows capitalization of occupational disability pension when employer liquidation causes payment disruptions.

Case Number II UKN 337/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and ordered the liquidated employer to pay a lump sum of 500 PLN in court costs. The plaintiff, an operator who contracted mercury poisoning, sought to capitalize her monthly occupational disability pension because the employer's liquidation threatened total loss of the benefit and current payments were disrupted. The court ruled that these circumstances constituted 'valid reasons' under the Civil Code, justifying the conversion of the periodic pension into a one-time compensation to ensure the victim's rights are realized despite the debtor's insolvency.

Legislator headnote

AI generated

Art. 447 KC; Art. 907 § 2 KC: When the liquidation of the employer threatens the realization of a court-awarded occupational disability pension due to payment disruptions or insolvency, valid reasons exist for granting a one-time compensation in lieu of the pension.

Keywords

AI generated
occupational disability pension employer liquidation capitalization of debt valid reasons for compensation mercury poisoning Civil Code Art 447 lump sum compensation

Cited Legislation

AI generated
Art. 447 KC
Art. 907 § 2 KC
Art. 393 § 12 KPC
Art. 444 § 2 KC
Art. 98 KPC

Cited Case Law

AI generated

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