Supreme Court allows capitalization of occupational disability pension when employer liquidation causes payment disruptions.
Legislator summary
AI generatedThe 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 generatedArt. 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.