II UKN 280/99
AI generated
Hospital employer bears increased liability for medical staff hepatitis infection without employee proving work connection.
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal, upholding the lower court's award of compensation to nurses infected with hepatitis. The court found that hospital staff cannot refuse unsafe work to protect health, creating a presumption of causation between their employment and infection. Consequently, the employer must prove the infection occurred outside of work duties to avoid liability.
Legislator headnote
AI generatedArt. 210 § 5 in conjunction with Art. 210 § 1 of the Labour Code; Art. 231 of the Code of Civil Procedure: Medical personnel employed in a hospital are presumed to have contracted infectious diseases during work, shifting the burden of proof to the employer to demonstrate the infection occurred independently of their employment.
Keywords
AI generated
hospital employer liability
medical staff infection
presumption of causation
burden of proof reversal
hepatitis occupational disease
labour code provisions
workplace safety risk
Cited Legislation
AI generatedArt. 210 § 5 in conjunction with Art. 210 § 1 of the Labour Code
Art. 231 of the Code of Civil Procedure
Art. 291 § 1 of the Labour Code
Dz.U. Nr 36, poz. 199 (Regulation on the principles and procedure for determining damage to health)
Cited Case Law
AI generatedIII PZ 29/84