Legislator Case Law & Legislation
II UKN 444/99 AI generated

Social security court dismissed appeal for lack of specific legal grounds and organ inactivity.

Case Number II UKN 444/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the social security authority against a lower court's decision granting disability pension. The authority argued the lower court misapplied material law regarding the onset date of the disability, but the court found the appeal's legal grounds were too general and failed to specify which article was violated. The Supreme Court ruled that the social security organ, acting as a party, must actively engage with expert evidence; its failure to comment on the new medical opinion resulted in a negative procedural consequence, mandating the reversal of the lower court's favorable ruling.

Legislator headnote

AI generated

Art. 47710 § 1 KPC; Art. 393 § 1 KPC: In social security proceedings, the social security organ must actively participate in evidence collection and comment on expert opinions; failure to do so results in the negative procedural consequence of overturning the lower court's decision.

Keywords

AI generated
social security proceedings organ inactivity expert medical opinion cassation appeal disability pension procedural consequence party position

Cited Legislation

AI generated
Art. 47710 § 1 KPC
Art. 393 § 1 KPC
Art. 32 ust. 3 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin

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