Legislator Case Law & Legislation
II UKN 5/00 AI generated

Social security court dismisses appeal, ruling disability assessment must use full standard work hours.

Case Number II UKN 5/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Lucja W. against the Social Insurance Institution's decision to suspend her occupational disability pension. The court found that the lower courts correctly determined her chronic laryngitis did not render her unfit for teaching music and that the full standard work week, rather than her actual hours, must be used for the assessment. Consequently, the court rejected procedural complaints regarding evidence handling and the lack of expert hearings as unfounded.

Legislator headnote

AI generated

Art. 18, 25 pkt 3 ustawy o świadczeniach z tytułu wypadków przy pracy o chorobach zawodowych; Art. 134 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: The right to disability benefits ceases when medical examination confirms the absence of inability to work, and the assessment must be based on the full standard work week applicable to the insured profession.

Keywords

AI generated
occupational disability pension full standard work week social security law medical examination findings cassation appeal dismissal inability to work assessment procedural evidence rules

Cited Legislation

AI generated
Art. 18 and Art. 25 point 3 of the Act of 12 June 1975 on benefits in respect of work accidents and occupational diseases
Art. 134 paragraph 1 of the Act on pensions and allowances from the Social Insurance Fund

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