Social security pension appeal dismissed; medical opinion lacked cardiologist expertise required for disability cessation.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a social security court's decision to stop a pensioner's disability benefits. The appellant argued that the appellate court incorrectly concluded she regained work capacity without proper medical evidence. The court ruled that because her original disability stemmed from cardiovascular issues, a specialist cardiologist's opinion was legally required to verify the absence of those specific conditions.
Legislator headnote
AI generatedArt. 78 ust. 1 pkt 1 ustawy o z. e. p.; Art. 382, 278 KPC: Cessation of disability pension requires medical proof that specific disabling conditions have resolved, necessitating an expert opinion from a specialist in the relevant medical field when such expertise is required for the determination.