Legislator Case Law & Legislation
II UKN 757/99 AI generated

Supreme Court dismissed cassation; expert institute opinion unnecessary when expert conclusions are consistent.

Case Number II UKN 757/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's cassation appeal against a decision denying a permanent disability pension. The applicant argued that an expert institute opinion was required to resolve doubts about the nature of his health condition, but the lower courts had already established consistent expert findings regarding his partial inability to work. The court ruled that obtaining an institute opinion is only necessary when complex research is needed or when existing expert opinions contradict each other, neither of which applied here.

Legislator headnote

AI generated

Art. 290 § 1 KPC; Art. 393 § 1 KPC: The court may order an expert institute opinion only when complex research is necessary or when contradictions in existing opinions cannot be resolved otherwise; such evidence is not required when expert conclusions are consistent.

Keywords

AI generated
cassation appeal dismissal expert institute opinion disability pension entitlement inconsistent expert opinions procedural necessity standard

Cited Legislation

AI generated
Art. 290 § 1 KPC
Art. 393 § 1 KPC
Art. 393 § 11 KPC
Art. 393 § 12 KPC
§ 14 ust. 2 in conjunction with ust. 4 pkt 1 and § 21 pkt 1 of the Minister of Justice Regulation of 12 December 1997

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