Supreme Court dismisses appeal; disability continuity counts from end of rehab if no work capacity regained.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Social Insurance Office's cassation appeal regarding the start date of a disability pension. The lower courts found the applicant remained partially disabled for one year after stopping rehabilitation benefits, with medical experts confirming no recovery occurred. The Court ruled that when work capacity is not regained during rehabilitation, the subsequent disability must be calculated continuously from the day benefits ceased, regardless of vague expert opinions. Consequently, the right to the pension arose on March 3, 1999, rather than the end of the month.
Legislator headnote
AI generatedArt. 14 ust. 2 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; If an insured does not regain work capacity during rehabilitation, subsequent disability establishing pension rights must be calculated continuously from the day benefits cease.