Supreme Court dismisses appeal for procedural error regarding defendant identification and duty to inform unrepresented worker.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal against a lower court's refusal to award a one-time compensation to a worker. The worker, acting without legal counsel, incorrectly sued the Social Insurance Institution instead of the employer on the day of the accident. The court held that the lower court failed to inform the unrepresented party about the possibility of summoning the employer to the proceedings under the Civil Procedure Code. Consequently, the appeal was rejected due to this procedural violation, and the case was remanded for a new trial.
Legislator headnote
AI generatedArt. 9 ust. 1 ustawy o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych; art. 32 ust. 1 tej ustawy; art. 5 KPC; art. 194 § 1 KPC: When a party acting without legal representation incorrectly names the defendant, the court is obligated to inform them of the possibility to summon the correct employer to the proceedings.