Supreme Court dismisses appeal when disability status dispute requires expert evidence despite administrative presumptions.
Legislator summary
AI generatedThe 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.