New work accident damages discovered after rent suspension are not subject to the original statute of limitations.
Legislator summary
AI generatedThe Supreme Court quashed lower court rulings dismissing a worker's claim for new work-related damages that emerged after his compensatory pension was suspended. The worker argued the three-year limitation period should start only when he learned of these new injuries, not from the initial pension award. The court held that new damages arising from the same accident create separate claims with their own limitation periods, which begin when the worker discovers them.
Legislator headnote
AI generatedArt. 442 § 1 KC; Art. 393 § 1 KPC: A claim for compensation for new damages resulting from a work accident, discovered after the initial obligation to pay compensation was suspended, is not subject to the limitation period applicable to the original claim and runs from the date of discovery.