II UK 356/02 AI generated

Civil Code interruption of limitation period by prior work injury compensation claim in employment dispute.

Case Number II UK 356/02

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2003-07-30

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court quashed the appellate court's dismissal of the plaintiff's claim for a one-time work-related injury compensation. The lower court incorrectly applied a ten-year limitation period without recognizing that a prior lawsuit filed in 1995 interrupted the limitation period for the new 1992 injury. The court ruled that the appellate court failed to evaluate whether the limitation period had expired at the time of the new lawsuit, necessitating a retrial.

Legislator headnote

AI generated

Art. 123 § 1 k.c.; Art. 4771 § 1 k.p.c.: A lawsuit filed by an employee for work-related injury benefits interrupts the limitation period for subsequent claims arising from the same factual basis, requiring the appellate court to assess the expiration of the limitation period at the time of the new filing.

Keywords

AI generated

limitation period interruption work-related injury employment law dispute prior lawsuit effect Supreme Court cassation

Cited Legislation

AI generated

Art. 123 § 1 k.c.

Art. 442 § 1 k.c.

Art. 444 § 2 k.c.

Art. 445 § 1 k.c.

Art. 4771 § 1 k.p.c.

Art. 124 § 2 k.c.

Art. 393 § 1 k.p.c.

Art. 233 § 1 k.p.c.

art. 123 § 1 k.c

art. 4771 § 1 k.p.c

Civil Code interruption of limitation period by prior work injury compensation claim in employment dispute.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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