Civil Code allows cumulative compensation for work accident damage and increased disability pension.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling awarding both a lump-sum compensation and a compensatory pension. The plaintiff, a worker with a work-related occupational disease, argued that receiving a lump sum for increased disability should preclude a monthly pension. The court held that these are distinct legal remedies based on different statutory provisions and do not constitute double payment for the same loss. Consequently, the court upheld the lower court's decision to award both benefits cumulatively.
Legislator headnote
AI generatedArt. 442 § 2 KC; Art. 444 § 2 KC: The right to a lump-sum compensation for increased disability does not exclude the right to a compensatory pension, as these are distinct legal remedies for different aspects of the same injury.