Supreme Court allows pension for partial disability when health limits work conditions normally required for the new qualification.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal against a social insurance office decision granting a pension for partial inability to work. The applicant, a former miner retrained as a forklift operator, was medically unable to work with standard equipment due to hearing loss and noise sensitivity. The court ruled that limiting work to specific, safer conditions constitutes a significant loss of ability to work under the relevant disability statute.
Legislator headnote
AI generatedArt. 12 ust. 3 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 13 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: Limiting work possibilities due to health conditions to eliminate normal external hazards constitutes a significant loss of ability to work in the new qualification, entitling the individual to a partial disability pension.