Legislator Case Law & Legislation
II UKN 115/01 AI generated

Supreme Court dismissed pension claim as disability existed before employment and did not worsen during work.

Case Number II UKN 115/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Urszula W. against a social insurance office's refusal of a disability pension. The court found that while the applicant had a vision defect causing practical monocular vision since childhood, this condition did not worsen to the extent of preventing her from performing her cleaning job during employment. Consequently, the court ruled that the statutory requirement for a disability to arise or significantly worsen during the employment period was not met.

Legislator headnote

AI generated

Art. 57 ust. 1 pkt 1, 3 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; A disability pension requires a significant worsening of health during employment that prevents work within existing limitations, which was not established when the condition existed prior to employment.

Keywords

AI generated
disability pension worsening of health employment period practical monocular vision social insurance law cassation appeal partial disability

Cited Legislation

AI generated
Art. 39311 KPC
Art. 39312 KPC
Art. 57 ust. 1 pkt 1, 3 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 12 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych

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