II UKN 493/98
AI generated
Supreme Court dismisses appeal in work accident compensation case where plaintiff's actual income exceeded hypothetical mining pension.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a coal miner against a coal company regarding equalization pension. The plaintiff argued for a difference between his actual income and a hypothetical mining pension, but the lower courts found his actual income, including disability and voluntary equalization pensions, exceeded the potential mining pension. The court upheld this finding, ruling that no material loss existed because the plaintiff's current benefits surpassed the theoretical mining retirement amount.
Legislator headnote
AI generatedArt. 392 k.p.a. a contrario; Art. 444 § 2 k.c. w zw. z art. 300 k.p.: Where the claimant's actual income exceeds the hypothetical pension due to the accident, no material loss exists for increased compensation.
Keywords
AI generated
work accident compensation
equalization pension
material loss requirement
hypothetical pension
actual income assessment
cassation appeal dismissal
mining industry restructuring
Cited Legislation
AI generatedArt. 392 k.p.a. a contrario
Art. 444 § 2 k.c.
Art. 300 k.p.
Art. 393 § 12 k.p.c.