II UKN 10/00
AI generated
Supreme Court dismissed cassation, ruling increased pension needs require proof beyond mere health damage.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a worker seeking an increased disability pension due to new health issues following a workplace accident. The lower courts found the claim for increased needs inadmissible because the new condition did not negatively impact the plaintiff's living situation, despite causing total work incapacity. The court held that proving increased needs is a distinct requirement separate from proving health damage, and the original claim for lost earning capacity had already expired.
Legislator headnote
AI generatedArt. 444 § 2 KC; Art. 3931 § 2 KPC: To obtain a disability pension based on increased needs, it is not sufficient to demonstrate health damage; the claimant must prove and substantiate increased needs.
Keywords
AI generated
disability pension
increased needs
workplace accident
health damage
statutory interpretation
Cited Legislation
AI generatedArt. 444 § 2 KC
Art. 3931 § 2 KPC
Art. 3933 KPC
Art. 477 KPC
Art. 238 § 2 KPC
Art. 328 § 2 KPC