Supreme Court dismissed cassation; Art. 322 KPC excluded for one-time work injury compensation where causality was not proven.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against a lower court's rejection of her claim for one-time compensation. The plaintiff argued that her illnesses resulted from workplace exposure to fumes from burning waste, but expert opinions confirmed her conditions had an independent etiology unrelated to her work. The court held that Article 322 of the Civil Procedure Code, which allows discretionary damages when proof is difficult, does not apply to one-time work injury compensation claims where the causal link between the work and the injury must be strictly established.
Legislator headnote
AI generatedArt. 322 KPC; Art. 9 of the Act on Benefits for Work Accidents and Occupational Diseases; The provision allowing discretionary damages for difficult proof does not apply to one-time work injury compensation where the causal link between work conditions and the injury must be strictly established.