Legislator Case Law & Legislation
II UKN 587/99 AI generated

Supreme Court dismissed cassation on occupational disability pension, ruling facts were correct and no hope for recovery exists.

Case Number II UKN 587/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's decision granting a partial occupational disability pension. The applicant, a former teacher, was found partially unable to work due to a permanent voice disorder preventing vocal exertion, though he could remain in an administrative role. The court rejected the argument that the disability occurred after retirement, noting the medical opinion established a lasting condition with no prospect of recovery through retraining.

Legislator headnote

AI generated

Art. 24 ust. 1 pkt 2 ustawy o zaopatrzeniu emerytalnym; Art. 3931 KPC: The Supreme Court may not overturn factual findings unless procedural violations are alleged, and a pension is granted only when no hope of recovery exists after retraining.

Keywords

AI generated
occupational disability pension voice disorder partial inability to work cassation procedure hope of recovery retraining prospects medical expert opinion

Cited Legislation

AI generated
Art. 24 ust. 1 pkt 2 of the Act on Pension Provision for Employees and Their Families
Art. 18 of the Act on Benefits in Case of Accidents at Work and Occupational Diseases
Art. 23 of the Act on Pension Provision for Employees and Their Families
Art. 25 of the Act on Benefits in Case of Accidents at Work and Occupational Diseases
Art. 3931 KPC

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