Legislator Case Law & Legislation
II UKN 589/98 AI generated

Supreme Court quashes social security appeal for failure to examine pre-accident health status regarding disability onset date.

Case Number II UKN 589/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's decision denying a disability pension to the applicant. The applicant argued the lower court failed to properly evaluate his pre-accident health status when determining the date of disability onset. The court ruled that the appellate court arbitrarily fixed the disability date without considering whether pre-existing conditions justified recognizing the applicant as disabled before the accident.

Legislator headnote

AI generated

Art. 378 § 2 KPC; Art. 382 KPC: The appellate court must comprehensively examine expert opinions and cannot arbitrarily determine the date of disability onset without assessing pre-accident health status.

Keywords

AI generated
social security disability pension date of disability onset pre-accident health status appellate court review expert opinion evaluation KPC procedural law arbitrary fact finding

Cited Legislation

AI generated
Art. 378 § 2 KPC
Art. 382 KPC
Art. 232 KPC
Art. 37 KPC
Dział III KPC

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