Legislator Case Law & Legislation
II UKN 299/99 AI generated

Supreme Court dismisses appeal when disability status dispute requires expert evidence despite administrative presumptions.

Case Number II UKN 299/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal against a lower court's decision to order expert medical evidence. The applicant argued that a specific disability automatically qualified her for a family pension, but the appellate court incorrectly relied on an obsolete administrative presumption regarding her work capacity. The court ruled that in civil proceedings concerning pension rights, such presumptions do not eliminate the need for expert testimony to determine the degree of work incapacity.

Legislator headnote

AI generated

§ 25 of the Regulations of the Minister of Labour, Social Affairs and Family; In proceedings before labor and social insurance courts, a finding of a disability causing special impairment does not preclude the need for expert medical evidence when the dispute concerns total work incapacity.

Keywords

AI generated
family pension entitlement work incapacity assessment expert medical evidence administrative presumption civil procedure code disability classification labor court jurisdiction

Cited Legislation

AI generated
§ 25 of the Regulations of the Minister of Labour, Social Affairs and Family of 5 August 1983
Art. 393 § 1 of the Code of Civil Procedure
Art. 1 § 2 of the Act of 28 June 1996 on amending certain pension laws
Regulation of the Minister of Labour and Social Policy of 8 August 1997 on declaring work incapacity for pension purposes

Cited Case Law

AI generated
II URN 74/76
II URN 3/95
II UKN 16/96
II UKN 62/96

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