Legislator Case Law & Legislation
I UK 177/04 AI generated

Supreme Court dismissed cassation, ruling disability degree must be considered when assessing work incapacity under social security law.

Case Number I UK 177/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Jadwiga K. against the Social Insurance Institution's denial of her work incapacity pension. The lower court relied on expert opinions stating the applicant remained capable of work despite her unchanged medical condition, while the Social Insurance Institution had previously granted her a disability pension. The Supreme Court rejected the claim that these expert opinions were contradictory, finding them logically consistent and sufficient to overturn the previous partial disability classification.

Legislator headnote

AI generated

Art. 12 of the Social Security Pensions Act; Art. 3, 4, 6 of the Rehabilitation Act: When assessing work incapacity, the degree of disability established under the Rehabilitation Act cannot be ignored.

Keywords

AI generated
work incapacity assessment disability degree requirement social security pension expert medical opinion rehabilitation act provisions cassation appeal dismissal medical evidence evaluation

Cited Legislation

AI generated
Art. 12 of the Social Security Pensions Act of December 17, 1998
Art. 3, Art. 4, Art. 6 of the Act of August 27, 1997 on Vocational and Social Rehabilitation and Employment of Persons with Disabilities
art. 236 k.p.c
art. 233 k.p.c
art. 278 § 1 k.p.c
art. 39312 k.p.c
art. 39319 k.p.c

Cited Case Law

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