Legislator Case Law & Legislation
II UKN 587/98 AI generated

Supreme Court dismisses cassation when appellate court properly evaluates expert opinions based on medical records. The court held that the appellate court did not neglect medical documentation. The court ruled that the appellate court did not neglect medical documentation. The court dismissed the cassation appeal against the appellate court's decision. The court dismissed the cassation appeal against the appellate court's decision.

Case Number II UKN 587/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Zbigniew Ż. against the Gdańsk Court of Appeal's decision to increase his disability pension. The appellant argued that the appellate court improperly neglected medical documentation by failing to cross-reference it with the expert opinion. The court rejected this claim, ruling that since the medical records were presented to the experts and incorporated into their opinion, the appellate court was not required to separately verify them against the original files.

Legislator headnote

AI generated

Art. 233 § 1 KPC; Art. 328 § 2 KPC: When medical documentation is presented to court experts and incorporated into their opinion, the appellate court is not obligated to cross-reference the original records with the opinion, and failure to do so does not constitute a procedural violation.

Keywords

AI generated
cassation appeal dismissal medical documentation review expert opinion evaluation procedural violation claim disability pension increase

Cited Legislation

AI generated
Art. 233 § 1 KPC
Art. 328 § 2 KPC
Art. 382 KPC

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