Legislator Case Law & Legislation
II UKN 494/00 AI generated

Sickness benefit denied to business owner continuing business during medical leave without statutory exceptions.

Case Number II UKN 494/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a Social Insurance Institution decision denying sickness benefits to a business owner. The court found that the applicant continued running her tailor shop, managing finances and production, during her medical leave, thereby violating the purpose of the benefit. Consequently, the court ruled that no sickness benefit was due for the period she performed business-related activities.

Legislator headnote

AI generated

Art. 18 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Sickness benefit is not payable to a business owner who continues to perform activities related to their business during medical leave unless specific statutory circumstances apply.

Keywords

AI generated
sickness benefit business owner medical leave social insurance continuing activity income replacement legal entitlement

Cited Legislation

AI generated
Art. 18 ust. 1 of the Act of 17 December 1974 on social insurance benefits in the event of sickness and maternity
Art. 233 § 1 of the Code of Civil Procedure
Art. 328 § 2 of the Code of Civil Procedure
Art. 14 ust. 1 of the Act of 17 December 1974 on social insurance benefits in the event of sickness and maternity
Art. 17 ust. 1 of the Act of 25 June 1999 on social insurance benefits in the event of sickness and maternity

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