Supreme Court dismisses withdrawal of cassation appeal as inadmissible due to insured's continued interest and procedural error.
Legislator summary
AI generatedThe 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 The insured had previously withdrawn the appeal without consulting his appointed lawyer, yet continued to support the appeal and demand higher compensation while suffering from health issues that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 generatedArt. 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.