Supreme Court clarifies that occupational disease disability depends on current work ability and retraining potential, not past employment history.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal, sending the case back to the appellate court for reconsideration. The applicant argued that receiving an ordinary pension precluded a separate occupational disease pension, while the social insurance agency contended that the applicant's long-term teaching career proved he was capable of his former job. The court ruled that determining disability requires assessing the impact of the disease on current work capacity and the possibility of retraining, explicitly stating that past employment history or receiving an ordinary pension does not negate the right to an occupational disease pension.
Legislator headnote
AI generatedArt. 18 ust. 1 ustawy o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych; Art. 24 ust. 1 ustawy o z.e.p.: The right to a pension for occupational disease disability is determined by the disease's impact on current work ability and the possibility of performing other work through retraining, not by past employment history or receipt of other pensions.