Legislator Case Law & Legislation
II UKN 181/00 AI generated

Social security pension appeal dismissed; medical opinion lacked cardiologist expertise required for disability cessation.

Case Number II UKN 181/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
social security pension disability cessation medical expert opinion cardiologist specialization procedural violation evidence standard work capacity assessment

Cited Legislation

AI generated
Art. 78 ust. 1 pkt 1 ustawy z dnia 14 grudnia 1982 r. o zao- patrzeniu emerytalnym pracowników i ich rodzin
Art. 382 KPC
Art. 278 § 1 KPC
Art. 393 § 1 KPC

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