Legislator Case Law & Legislation
II UKN 21/99 AI generated

Supreme Court dismisses appeal on occupational disability pension due to medical improvement and lack of procedural guidance violation.

Case Number II UKN 21/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Mark W. against a decision denying his occupational disability pension. The lower courts found that the applicant's occupational asthma no longer caused respiratory insufficiency or disability, and his knee issues were unrelated to his work injury. The court ruled that the applicant did not require specific procedural guidance regarding new expert opinions because the medical evidence already conclusively established the absence of occupational disability.

Legislator headnote

AI generated

Art. 5 KPC; Art. 393 § 1 KPC: The obligation to provide necessary procedural guidance applies only when a party without legal representation would be deprived of influence on the process; the court is not required to inform parties about evidence not essential to the established facts.

Keywords

AI generated
occupational disability pension medical improvement procedural guidance expert opinion evidence cassation appeal dismissal

Cited Legislation

AI generated
Art. 5 KPC
Art. 78 of the Act on Pension Provision for Employees and Their Families
Art. 87 of the Act on Pension Provision for Employees and Their Families
Art. 18 of the Act on Occupational Injuries and Diseases
Art. 393 § 1 KPC

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