Legislator Case Law & Legislation
II UKN 527/98 AI generated

Supreme Court dismisses withdrawal of cassation appeal as inadmissible due to insured's continued interest and procedural error.

Case Number II UKN 527/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the insured's request to withdraw his cassation appeal, ruling the withdrawal inadmissible under Polish Civil Procedure Code provisions. The insured had previously withdrawn the appeal without consulting his appointed lawyer, yet continued to support the appeal and demand higher compensation while suffering from health issues that prevented further litigation. The Court found the lower court's failure to verify the insured's permanent disability percentage against his already granted invalidity pension constituted a material error requiring retrial. Consequently, the Court declared the withdrawal invalid to ensure the insured's right to a correct assessment of his work-related injury compensation.

Legislator headnote

AI generated

Art. 469 KPC w związku z art. 391 i 39319 KPC; Withdrawal of a cassation appeal is inadmissible if it violates the insured's legitimate interest, particularly when the insured continues to support the appeal and the lower court failed to verify permanent disability percentages against prior invalidity pension rulings.

Keywords

AI generated
withdrawal of cassation appeal legitimate interest of insured work-related injury compensation permanent disability percentage invalidity pension verification inadmissible procedural act civil procedure code provisions

Cited Legislation

AI generated
art. 469 KPC
art. 391 KPC
art. 39319 KPC
art. 39313 KPC
ustawa z dnia 12 czerwca 1975 r. o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych

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