II UKN 637/98
AI generated
Supreme Court dismissed disability pension claim due to insufficient work history and invalid child care period equivalence.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Stefanii B.'s cassation appeal against a decision denying her disability pension. The court found that the period of child care following her employment termination could not be equated to work experience because the employment break was not caused by caregiving. Furthermore, the lower court exceeded its evidentiary freedom by establishing the date of disability onset without sufficient proof.
Legislator headnote
AI generatedArt. 11 ust. 2 pkt 11 ustawy o z.e.p.; Art. 233 KPC; Art. 393 ust. 1 KPC: A period of child care following employment termination is not equivalent to work experience if the termination was not due to caregiving, and disability onset dates must be established with certainty, not probability.
Keywords
AI generated
disability pension eligibility
work experience equivalence
child care period
employment termination cause
evidence standard disability
lower court error
statutory interpretation
Cited Legislation
AI generatedArt. 11 ust. 2 pkt 11 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin
Art. 233 KPC
Art. 393 ust. 1 KPC