Supreme Court defines dispute over total vs partial disability pension as 'granting pension' case allowing cassation regardless of value.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's dismissal of the applicant's cassation against a social insurance decision. The applicant sought a total disability pension, while the lower courts granted only a partial disability pension based on medical expert opinions. The Court ruled that because the core dispute concerns the legal qualification of the disability type rather than the monetary amount, it falls under the specific exception permitting cassation in social insurance matters.
Legislator headnote
AI generatedArt. 3921 § 1 zdanie drugie k.p.c.; Art. 59 ust. 1 ustawy o emeryturach i rentach; A dispute between an insured person and the pension authority where the insured claims total disability but the authority grants partial disability constitutes a 'case concerning the granting of a pension,' thereby allowing cassation irrespective of the claim's value.