Legislator Case Law & Legislation
II UKN 682/98 AI generated

Supreme Court rules compensation must reflect lost earnings from specific work, not just disability group classification.

Case Number II UKN 682/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment and remanded the case for a new trial regarding work-related disability compensation. The plaintiff argued that the defendant's refusal to hire him for specific roles like porter or parking attendant was unjustified, while the defendant contended that the plaintiff's refusal to accept such work increased his damages. The court held that the statutory disability group classification is insufficient to determine actual lost earnings and that the lower court failed to consider expert evidence regarding the plaintiff's ability to perform the offered jobs.

Legislator headnote

AI generated

Art. 435 § 1 KC; Art. 444 § 2 KC; Art. 278 KPC; Art. 227 KPC; Art. 381 KPC; Art. 392 § 1 KPC: Compensation for work-related disability must be calculated based on the difference between potential earnings with full capacity and actual earnings with reduced capacity, requiring specific assessment of the injured party's ability to perform offered work rather than relying solely on general disability group classification.

Keywords

AI generated
work-related disability compensation lost earnings calculation disability group classification expert medical opinion remand for retrial civil liability standard statutory interpretation

Cited Legislation

AI generated
Art. 435 § 1 KC
Art. 444 § 2 KC
Art. 278 KPC
Art. 227 KPC
Art. 381 KPC
Art. 392 § 1 KPC

Cited Case Law

AI generated
II PR 284/62
II PR 178/63

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