Legislator Case Law & Legislation
II UKN 112/01 AI generated

Supreme Court quashes appeal judgment for failure to address conflicting expert medical opinions in work disability case.

Case Number II UKN 112/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's judgment and remanded the case for a new trial due to procedural errors. The lower court relied on one expert opinion while ignoring a contradictory one without explaining why the first was rejected. The court held that failing to address conflicting expert views violates the duty to evaluate evidence comprehensively and requires a third opinion when disagreements exist.

Legislator headnote

AI generated

Art. 233 § 1 KPC; Art. 286 KPC; Art. 328 § 2 KPC; Art. 393 § 1 KPC: When conflicting expert opinions exist, a court must address both and provide a third opinion if necessary; failure to do so violates the duty of comprehensive evidence evaluation.

Keywords

AI generated
conflicting expert opinions work disability pension comprehensive evidence evaluation medical expert assessment procedural error in judgment remittal for retrial duty to explain evidence

Cited Legislation

AI generated
Art. 233 § 1 KPC
Art. 286 KPC
Art. 328 § 2 KPC
Art. 393 § 1 KPC
Art. 78 of the Act on Pension Provision for Employees and Their Families

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