Receiving an old-age pension does not prevent an employee from claiming disability pension for occupational disease.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Social Insurance Institution's cassation appeal against a lower court ruling granting Urszula K. a disability pension for occupational laryngitis. The court held that receiving an old-age pension does not legally preclude an employee from simultaneously claiming a disability pension based on occupational illness. Consequently, the lower court's decision to award the pension was upheld as the statutory requirements were met regardless of the pension status.
Legislator headnote
AI generatedArt. 18 ust. 1 ustawy o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych; Art. 23 ust. 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin: The receipt of an old-age pension does not deprive an employee of the right to claim a disability pension for occupational disease, as these benefits are independent entitlements based on distinct legal grounds.