II UKN 395/00
AI generated
Medical staff cannot refuse dangerous work; employer bears liability for HBV exposure due to lack of vaccination.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's claim for compensation after finding the employer liable for the plaintiff's Hepatitis B infection. The court ruled that medical personnel do not have the right to refuse dangerous work under Article 210 of the Labor Code, and the employer failed to provide necessary protective measures like pre-existing vaccinations. Consequently, the court held the employer responsible for the lack of due diligence and ordered the case to be retried.
Legislator headnote
AI generatedArt. 210 § 1, 210 § 5 KP; Art. 231 KPC; Medical personnel cannot refuse dangerous work; employer bears liability for occupational exposure due to failure to provide protective measures.
Keywords
AI generated
Hepatitis B infection
medical personnel liability
labor code provisions
occupational safety measures
employer due diligence
refusal of dangerous work
civil compensation claim
Cited Legislation
AI generatedart. 210 § 1 KP
art. 210 § 5 KP
art. 231 KPC
art. 207 KP
art. 393 § 1 KPC
art. 108 § 2 KPC