Legislator Case Law & Legislation
II UK 403/02 AI generated

Supreme Court allows pension for partial disability when health limits work conditions normally required for the new qualification.

Case Number II UK 403/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
partial disability pension significant loss of ability health condition limitations requalification eligibility work environment hazards social insurance law market conditions irrelevance

Cited Legislation

AI generated
Art. 12 ust. 3 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 13 ust. 1 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 393 § 1 of the Code of Civil Procedure
Art. 393 § 2 of the Code of Civil Procedure
art. 39311 § 1 k.p.c
art. 39312 k.p.c

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